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The Success 1 of Judicial Review and Democracy

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0005
Subject:
Political Science, Comparative Politics

This is the first of two papers that explore the politics of constitutional review – the power of a court or other organ of government to review the constitutionality of public acts, including ... More


The Negotiation of Obligations

Peter Liddel

in Civic Obligation and Individual Liberty in Ancient Athens

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199226580
eISBN:
9780191710186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226580.003.0004
Subject:
Classical Studies, European History: BCE to 500CE

This chapter investigates the negotiation of obligations in the law-courts, assembly (ecclesia) and Athenian public writing and the records of this provided by Attic oratory and epigraphy of the 4th ... More


National Courts and the International Court of Justice *

Rosalyn Higgins

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0026
Subject:
Law, Legal History

This chapter deals with the relationship between national courts and the International Court of Justice. It looks at the use that national courts make of judgments of the ICJ on various points of ... More


Rabbis and Zoroastrian Priests in Judicial Settings

Jason Sion Mokhtarian

in Rabbis, Sorcerers, Kings, and Priests: The Culture of the Talmud in Ancient Iran

Published in print:
2015
Published Online:
May 2016
ISBN:
9780520286207
eISBN:
9780520961548
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520286207.003.0005
Subject:
Religion, Judaism

This chapter explores the ties between the Babylonian rabbis and Zoroastrian priests in judicial contexts. After giving a detailed review of the philological background of the two terms that the ... More


Small Claims

James E. Shaw

in The Justice of Venice: Authorities and Liberties in the Urban Economy, 1550-1700

Published in print:
2006
Published Online:
January 2012
ISBN:
9780197263778
eISBN:
9780191734823
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263778.003.0006
Subject:
History, European Modern History

While criminal justice emphasizes the role of law as an instrument of control, the study of civil justice presents an alternative view of the law as a resource. The criminal branch of the Giustizia ... More


Khul' Divorce in Egypt: Public Debates, Judicial Practices, and Everyday Life

Nadia Sonneveld

Published in print:
2012
Published Online:
September 2012
ISBN:
9789774164842
eISBN:
9781617971082
Item type:
book
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774164842.001.0001
Subject:
Society and Culture, Middle Eastern Studies

At the beginning of the twenty-first century, Egyptian women gained the unique right to divorce their husbands unilaterally through a procedure called khul'. This has been a controversial ... More


Civic Obligation and Individual Liberty in Ancient Athens

Peter Liddel

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199226580
eISBN:
9780191710186
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226580.001.0001
Subject:
Classical Studies, European History: BCE to 500CE

By developing a notion of civic obligation, this book attempts to re‐interpret the nature of individual liberty in ancient Athens. Its primary concern is to elucidate how the considerable obligations ... More


Decline or Maturity? the Reich From Charles VII to Leopold II, c.1740–1792

Joachim Whaley

in Germany and the Holy Roman Empire: Volume II: The Peace of Westphalia to the Dissolution of the Reich, 1648-1806

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693078
eISBN:
9780191732256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693078.003.0004
Subject:
History, European Early Modern History

The accession of Frederick the Great as king of Prussia in 1740 has been regarded as the start of Austro-Prussian dualism and the beginning of the end of the Reich. The years 1740-1763, culminating ... More


The Context of Common Law

Uwe Kischel

in Comparative Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198791355
eISBN:
9780191833830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791355.003.0005
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter focuses on common law. The common law is distinguished as a legal system developed by cases—that is, by judicial decisions. Put simply, the common law judge derives the law from previous ... More


Insurance and Society

MALCOLM CLARKE

in Policies and Perceptions of Insurance Law in the Twenty-First Century

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199273300
eISBN:
9780191699672
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273300.003.0007
Subject:
Law, Law of Obligations

The main issues in this chapter are whether insurance should be left entirely to the insurers, and insurance law to the lawyers. This chapter starts from the position that people should be free to ... More


The Wheel Come Full Circle

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0022
Subject:
Law, Law of Obligations

This chapter discusses the decline of freedom of contract in England during the 20th century. During this period, freedom of contract ceased to be a living issue. And though it was by no means dead ... More


The International Court of Justice: It is High Time to Restyle the Respected Old Lady

Antonio Cassese

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0019
Subject:
Law, Public International Law

The essential recipe for reviving the Court and bringing it into the twenty-first century is to turn it from a substantially arbitral court — a late nineteenth-century institution oriented to ... More


Insurance and Law

MALCOLM CLARKE

in Policies and Perceptions of Insurance Law in the Twenty-First Century

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199273300
eISBN:
9780191699672
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273300.003.0008
Subject:
Law, Law of Obligations

This chapter argues that this kind of influence can be seen in the legislature, but, in England, much less in the courts than some of the proponents of the influence view would have us believe. On ... More


Questioning Secularism: Islam, Sovereignty, and the Rule of Law in Modern Egypt

Hussein Ali Agrama

Published in print:
2012
Published Online:
January 2014
ISBN:
9780226010687
eISBN:
9780226010700
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226010700.001.0001
Subject:
Anthropology, Anthropology, Religion

The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations' secular ... More


What are the Standards of Proof in Courts of Law?

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0005
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter describes the standard of proof in courts of law. There are two main standards for proof of fact in English and American courts. The plaintiff in a civil case must prove on the balance ... More


Contexts of Violence

Fielding NigelG

in Courting Violence: Offences Against the Person Cases in Court

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199279357
eISBN:
9780191700057
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199279357.003.0001
Subject:
Law, Criminal Law and Criminology

Looking into human history, we can observe that violence is a phenomenon that is not uncommon to human society. In fact, it can also be observed that violence can only result in more violence. In ... More


Introduction

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0009
Subject:
Law, Constitutional and Administrative Law

Many of the questions of the day are not decided in the courts of law or even in judicial tribunals. These issues are not ‘justiciable’. They are entrusted to commissions of inquiry, to inspectors, ... More


Courts of Law

Mushirul Hasan

in Exploring the West: Three Travel Narratives

Published in print:
2009
Published Online:
October 2012
ISBN:
9780198063117
eISBN:
9780199080199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198063117.003.0035
Subject:
History, Indian History

The author describes the courts of law in London, as well as the city's juries, judges, and lawyers. The author is prosecuted by a tailor and censures the establishment of English courts of ... More


Shariʿa in English Law: The Argument So Far

John R. Bowen

in On British Islam: Religion, Law, and Everyday Practice in Shari'a Councils

Published in print:
2016
Published Online:
January 2018
ISBN:
9780691158549
eISBN:
9781400881055
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158549.003.0010
Subject:
Anthropology, Anthropology, Religion

This chapter focuses on the fears and accusations about the English law's recognition of shariʻa. In his February 2008 remarks, Archbishop of Canterbury Rowan Williams explored ways in which the ... More


Defeasibility and Adjudication *

Richard H.S. Tur

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0021
Subject:
Law, Philosophy of Law

This chapter discusses several paradigmatic examples of norms treated defeasibly by common law courts and, on this basis, proposes a challenge for contemporary positivist theories: whether any social ... More


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