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Sources of Law

William Cornish, Michael Lobban, and Keith Smith

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0003
Subject:
Law, Legal History

This chapter concentrates on the sources of English law that were treated within the system as rules of recognition; as authority, in other words, for what the law was, rather than as mere ... More


Using Precedents

NEIL MacCORMICK

in Rhetoric and The Rule of Law: A Theory of Legal Reasoning

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199571246
eISBN:
9780191713064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571246.003.0008
Subject:
Law, Philosophy of Law

This chapter argues that in addition to doctrines of positive law telling us what authority is to be ascribed to judicial precedents, we must also have to have theories of precedent. For without some ... More


Judicial Precedents

Thomas Lundmark

in Charting the Divide Between Common and Civil Law

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199738823
eISBN:
9780190259914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199738823.003.0009
Subject:
Law, Comparative Law

This chapter examines the role and importance of judicial precedents in each of the four jurisdictions: Germany, England and Wales, Sweden, and the United States. It begins with a historical overview ... More


Transnational Investment Arbitration: From Delegation to Constitutionalization?

Alec Stone Sweet and Florian Grisel

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter compares different ‘Principal-Agent’ (P-A) models of arbitration and adjudication, and then applies them as a means of focusing empirical attention on how investor-State arbitration is, ... More


Argentina

Raúl E Vinuesa

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter examines the foreign judicial precedents for the development of Argentine judicial tendencies that consolidated the application of general common standards for the immunities of ... More


Introduction

in Lincoln's Constitution

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226237930
eISBN:
9780226237954
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226237954.003.0001
Subject:
History, American History: Civil War

The Civil War experience illuminates the deepest, most critical constitutional issues. The extraordinary circumstances of the war have never been repeated. But American history has time and again ... More


“The Case Now to Be Determined”: John Marshall and McCulloch v. Maryland in Constitutional History

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0002
Subject:
History, American History: 19th Century, Cultural History

Conventional history maintains that Chief Justice Marshall was a “nation-builder” and McCulloch v. Maryland his signal achievement, expressing a nationalist vision that established the foundation for ... More


Faculty Contracts

Julee T. Flood and Terry L. Leap

in Managing Risk in High-Stakes Faculty Employment Decisions

Published in print:
2018
Published Online:
May 2019
ISBN:
9781501728952
eISBN:
9781501728969
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501728952.003.0004
Subject:
Education, Higher and Further Education

The basics of the employment relationship and the job security hierarchy are explained along with the major elements of contract law. Contracts may or may not include only the "four corners" of a ... More


Case Notes

Eva Steiner

in French Law: A Comparative Approach

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.003.0009
Subject:
Law, Comparative Law

This chapter discusses the importance of case notes as an aid to interpreting and evaluating judicial decisions in France. In doing so, the chapter highlights the crucial role played by academic ... More


The Turkish Constitutional Court as Defender of the Raison d’Etat?

Osman Can

in Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199759880
eISBN:
9780190259921
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199759880.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter examines the power relations creating the Turkish Constitution and the constitutional court, the structure of this court, and judicial precedents it has set. It addresses questions such ... More


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