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General Rules and Institutions of Private Law

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0007
Subject:
Law, Comparative Law

This chapter discusses Japanese private law. Topics covered include the Civil Code and Commercial Code, civil law rights and public welfare, the doctrine of good faith and fair dealing, abuse of ... More


The Truth about Kant on Lies

James Edwin Mahon

in The Philosophy of Deception

Published in print:
2009
Published Online:
October 2011
ISBN:
9780195327939
eISBN:
9780199852444
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195327939.003.0012
Subject:
Philosophy, Moral Philosophy

This chapter points out that the hysteria of philosophers over Kant's notorious claim that when people lie, they are always acting immorally, whatever the circumstances may be, is not really ... More


Frederick Pollock and the English Juristic Tradition

Neil Duxbury

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270224
eISBN:
9780191710384
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270224.001.0001
Subject:
Law, Legal History

Until the later decades of the 20th century, law developed little as an academic discipline in England. One exceptional period of intellectual growth, however, was the late-Victorian era, when a ... More


Government and Law: Ulpian, a Philosopher in Politics?

Fergus Millar

in Philosophy and Power in the Graeco-Roman World: Essays in Honour of Miriam Griffin

Published in print:
2002
Published Online:
January 2010
ISBN:
9780198299905
eISBN:
9780191707803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299905.003.0005
Subject:
Classical Studies, Prose and Writers: Classical, Early, and Medieval

This chapter focuses on Ulpian and his contribution to juristic writing under the Severan emperors. Ulpian is immediately recognizable from his writings as an intellectual, an unmistakable academic ... More


EPILOGUE

NEIL DUXBURY

in Frederick Pollock and the English Juristic Tradition

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270224
eISBN:
9780191710384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270224.003.0007
Subject:
Law, Legal History

This chapter focuses on understanding Pollock’s status and significance in the work that he inhabited. It considers a number of his traits, and suggests that they may well have been trusted and ... More


Governing

Martin Loughlin

in The Idea of Public Law

Published in print:
2004
Published Online:
February 2010
ISBN:
9780199274727
eISBN:
9780191708329
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274727.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter begins by discussing that public law maintains its distinctive character because of the singularity of its object which is the activity of governing. It then explains that the activity ... More


Constituent Power

Martin Loughlin

in The Idea of Public Law

Published in print:
2004
Published Online:
February 2010
ISBN:
9780199274727
eISBN:
9780191708329
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274727.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter begins by differentiating constituent power and constituted power. It then focuses on the assessment of the contribution made by the concept of constituent power to an understanding of ... More


Conclusion

Liyakat Takim

in Shi'ism Revisited: Ijtihad and Reformation in Contemporary Times

Published in print:
2021
Published Online:
December 2021
ISBN:
9780197606575
eISBN:
9780197609019
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197606575.003.0007
Subject:
Religion, Islam

The conclusion summarizes the basic thesis of the book. It argues that there is a necessity to revisit and recast the epistemological foundations of Shi‘i legal theory. This study has illustrated ... More


Is There a Specifically ‘Juristic’ Logic?

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0061
Subject:
Law, Philosophy of Law

In juristic literature, it is sometimes claimed that the logic legal science makes use of — and in particular, the logic applied to legal norms — is not general formal logic, but a different, ... More


Islamic Criminal Justice: An Overview

Mohammad Hashim Kamali

in Crime and Punishment in Islamic Law: A Fresh Interpretation

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190910648
eISBN:
9780190910679
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190910648.003.0002
Subject:
Religion, Islam, Religion and Society

This chapter examines the characteristic features of the Islamic criminal justice system and shows how the Islamic system may differ from other systems. One of the distinctive features of the Islamic ... More


Why Sovereignty?

Martin Loughlin

in Sovereignty and the Law: Domestic, European and International Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199684069
eISBN:
9780191765865
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199684069.003.0003
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Sovereignty is a modern concept whose primary function is to signify in jural form the nature and quality of political relationships with respect to modern governmental regimes. It exists alongside ... More


Political and Ethical Evaluation of Sovereignty

Hermann Heller

David Dyzenhaus (ed.)

in Sovereignty: A Contribution to the Theory of Public and International Law

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198810544
eISBN:
9780191847813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198810544.003.0012
Subject:
Law, Public International Law, Philosophy of Law

This chapter argues that every juristic theory and construct of state law phenomena is a political value judgment and remains rooted in political contradictions. A jurist can only achieve true ... More


Tapia’s Banquet Hall and Eulogios’ Cell: Transfer of Ownership as a Security in Some Late Byzantine Papyri*

Jakub Urbanik

in New Frontiers: Law and Society in the Roman World

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668175
eISBN:
9780748684328
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668175.003.0008
Subject:
Law, Legal History

This chapter discusses a particular form of a guarantee for an obligation, namely the transfer of ownership used as a security for debt in place of the canonical pledge or mortgage. The object of the ... More


The Calculus of Consensus in Juristic Democracy: Between the Possible and Desirable

Walter F. Baber and Robert V. Bartlett

in Consensus and Global Environmental Governance: Deliberative Democracy in Nature's Regime

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028738
eISBN:
9780262327046
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028738.003.0010
Subject:
Environmental Science, Environmental Studies

Some question the possibility of consensus, others doubt its desirability. Pluralist skeptics argue that consensus is impossible because of social complexity and hyper-pluralism, and cognitive ... More


Slow-Motion Democracy: Synthetic and Progressive Development of the Structure of Rationalization

Walter F. Baber and Robert V. Bartlett

in Consensus and Global Environmental Governance: Deliberative Democracy in Nature's Regime

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028738
eISBN:
9780262327046
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028738.003.0007
Subject:
Environmental Science, Environmental Studies

Restatement is a potentially useful mechanism for aggregating the considered opinions of deliberating citizens in ways that can contribute to progressive development of legal structures for ... More


Between a Witness, a Reporter, and a Judge: The Probative Status of the Expert

in The Expert Witness in Islamic Courts: Medicine and Crafts in the Service of Law

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226749334
eISBN:
9780226749358
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226749358.003.0002
Subject:
Law, Comparative Law

Because of its casuistic nature, Islamic fiqh does not have a general theory of evidence in general and of expert witnessing in particular. However, there are discussions on the rules of expert ... More


Ibn Nujaym: The Father of Late Ḥanafism?

Samy A. Ayoub

in Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence

Published in print:
2019
Published Online:
December 2019
ISBN:
9780190092924
eISBN:
9780190092955
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190092924.003.0002
Subject:
Law, Public International Law

This chapter starts with a discussion of Ibn Nujaym’s legal writings and his contributions to the late Ḥanafī tradition. It explores the characteristics, influences, and authority structure of late ... More


Judicious Policy (Siyāsah Sharʿiyyah)

Mohammad Hashim Kamali

in Crime and Punishment in Islamic Law: A Fresh Interpretation

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190910648
eISBN:
9780190910679
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190910648.003.0014
Subject:
Religion, Islam, Religion and Society

Siyāsah sharʿiyyah is a broad doctrine of Islamic public law that authorises the ruler to determine the best manner in which shariah can be administered. The ruler often considers a variety of other ... More


Just Retaliation (Qiṣāṣ)

Mohammad Hashim Kamali

in Crime and Punishment in Islamic Law: A Fresh Interpretation

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190910648
eISBN:
9780190910679
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190910648.003.0015
Subject:
Religion, Islam, Religion and Society

Qiṣāṣ under Islamic law applies to a murderer who kills with the intention to kill or to cause grievous bodily injury. Issues addressed in this chapter relate to how qiṣāṣ is often said to be ... More


Doubt (Shubha) and Its Impact on Punishment

Mohammad Hashim Kamali

in Crime and Punishment in Islamic Law: A Fresh Interpretation

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190910648
eISBN:
9780190910679
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190910648.003.0017
Subject:
Religion, Islam, Religion and Society

The main question addressed in this chapter concerns the impact of doubt (shubha) on the enforcement of punishments, including ḥudūd. Also addressed is whether the prevailing conditions of modern ... More


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