Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199241323
- eISBN:
- 9780191696909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241323.003.0005
- Subject:
- Philosophy, Moral Philosophy
The application of ethical assessment is related to applications of law and principles of human rights. This chapter provides a foundation for legal analysis and perception that can be applied to ...
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The application of ethical assessment is related to applications of law and principles of human rights. This chapter provides a foundation for legal analysis and perception that can be applied to legal systems to establish comparisons and contrasts. Topics discussed include the role of law and lawyers, legal reform for reproductive health, the evolution of reproductive health law, legal principles governing reproductive health care, the regulation of information, competent delivery of services and the law of negligence, conscientious objection, the safety and efficacy of products, and criminal law.Less
The application of ethical assessment is related to applications of law and principles of human rights. This chapter provides a foundation for legal analysis and perception that can be applied to legal systems to establish comparisons and contrasts. Topics discussed include the role of law and lawyers, legal reform for reproductive health, the evolution of reproductive health law, legal principles governing reproductive health care, the regulation of information, competent delivery of services and the law of negligence, conscientious objection, the safety and efficacy of products, and criminal law.
Paul Craig
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780199595013
- eISBN:
- 9780191729508
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595013.001.0001
- Subject:
- Law, EU Law
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book ...
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The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts, and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty.Less
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts, and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty.
Paul Craig
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199664955
- eISBN:
- 9780191773723
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199664955.001.0001
- Subject:
- Law, EU Law
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book ...
More
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts, and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty.Less
The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts, and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty.
Ruth Gaare Bernheim, Phillip Nieburg, and Richard J. Bonnie
- Published in print:
- 2007
- Published Online:
- September 2009
- ISBN:
- 9780195301489
- eISBN:
- 9780199863822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301489.003.0005
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter illustrates how ethical analysis can be a helpful tool, along with legal analysis, to support and enrich public health decision making. It provides n overview of the complementary roles ...
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This chapter illustrates how ethical analysis can be a helpful tool, along with legal analysis, to support and enrich public health decision making. It provides n overview of the complementary roles of public health ethics and law; an approach to public health ethics, including a framework to guide ethical reflection, deliberation, and justification in practice; examples of common ethical themes and tensions between individual and collective interests; an understanding of the role of professional ethics, as expressed in the new public health code of ethics; and an outline of ways to integrate ethics into practice within public health organizations.Less
This chapter illustrates how ethical analysis can be a helpful tool, along with legal analysis, to support and enrich public health decision making. It provides n overview of the complementary roles of public health ethics and law; an approach to public health ethics, including a framework to guide ethical reflection, deliberation, and justification in practice; examples of common ethical themes and tensions between individual and collective interests; an understanding of the role of professional ethics, as expressed in the new public health code of ethics; and an outline of ways to integrate ethics into practice within public health organizations.
Bruce A. Arrigo, Heather Y. Bersot, and Brian G. Sellers
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195372212
- eISBN:
- 9780199897247
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372212.003.0002
- Subject:
- Psychology, Forensic Psychology
This chapter examines prevailing ethical theory, including: (1) ethical formalism and deontological prima facie duties; (2) consequentialism (consisting of ethical egoism, contractualism, and ...
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This chapter examines prevailing ethical theory, including: (1) ethical formalism and deontological prima facie duties; (2) consequentialism (consisting of ethical egoism, contractualism, and utilitarianism); and (3) Aristotelian virtue philosophy (featuring feminist care ethics). The limits of each ethical school of thought and its variants are presented. The relevance of turning to moral philosophy for the purpose of psychological jurisprudential theorizing and law-psychology-crime research is described. This includes commentary on how existing strategies (restorative justice, therapeutic jurisprudence, and commonsense justice) collectively represent an integrative type of ethic that is consistent with the humanizing intentions of psychological jurisprudence. Several important observations on methodological details (i.e., textual legal analysis) conclude the chapter.Less
This chapter examines prevailing ethical theory, including: (1) ethical formalism and deontological prima facie duties; (2) consequentialism (consisting of ethical egoism, contractualism, and utilitarianism); and (3) Aristotelian virtue philosophy (featuring feminist care ethics). The limits of each ethical school of thought and its variants are presented. The relevance of turning to moral philosophy for the purpose of psychological jurisprudential theorizing and law-psychology-crime research is described. This includes commentary on how existing strategies (restorative justice, therapeutic jurisprudence, and commonsense justice) collectively represent an integrative type of ethic that is consistent with the humanizing intentions of psychological jurisprudence. Several important observations on methodological details (i.e., textual legal analysis) conclude the chapter.
Menski Werner
- Published in print:
- 2009
- Published Online:
- October 2012
- ISBN:
- 9780195699210
- eISBN:
- 9780199080298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195699210.003.0001
- Subject:
- Law, Family Law
Hindu law has defied many predictions of its demise, despite being an ancient legal system. It must be seen as a postmodern phenomenon that displays its internal dynamism and perennial capacity for ...
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Hindu law has defied many predictions of its demise, despite being an ancient legal system. It must be seen as a postmodern phenomenon that displays its internal dynamism and perennial capacity for flexibility and realignment, in combination with the societies to and in which it applies. This chapter discusses mostly a postmodern legal analysis of Hindu law, which has been neglected because of a combination of declining knowledge of its classical foundations. The chapter discusses Hindu law beyond modernity and tradition, and provides a brief outline of the proceeding chapters.Less
Hindu law has defied many predictions of its demise, despite being an ancient legal system. It must be seen as a postmodern phenomenon that displays its internal dynamism and perennial capacity for flexibility and realignment, in combination with the societies to and in which it applies. This chapter discusses mostly a postmodern legal analysis of Hindu law, which has been neglected because of a combination of declining knowledge of its classical foundations. The chapter discusses Hindu law beyond modernity and tradition, and provides a brief outline of the proceeding chapters.
Donald Lateiner
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199593262
- eISBN:
- 9780191752261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199593262.003.0007
- Subject:
- Classical Studies, European History: BCE to 500CE, Ancient Greek, Roman, and Early Christian Philosophy
Weighing Thucydides' implicit (therefore, at best, only alleged) criticisms of — and homage to — his predecessor Herodotus demands comparison and examination of ‘normal’ institutions. Included oaths, ...
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Weighing Thucydides' implicit (therefore, at best, only alleged) criticisms of — and homage to — his predecessor Herodotus demands comparison and examination of ‘normal’ institutions. Included oaths, for example, deserve examination as well as accounts of speeches, battle-challenges, and diplomatic threats. Oath furnishes one noteworthy index of sophisticated social and legal analysis embedded in ancient historical narrations. The historians' use of this specific index shows that they treat oaths in some significantly different ways. While Herodotus mentions only the gist of an earlier generation's inter-state oaths, Thucydides can transcribe every clause of certain contemporaneous treaties. This chapter examines when, where, and how Herodotus and Thucydides include oaths. After situating oath in Hellenic thought, it maps fifth-century test cases onto that pattern.Less
Weighing Thucydides' implicit (therefore, at best, only alleged) criticisms of — and homage to — his predecessor Herodotus demands comparison and examination of ‘normal’ institutions. Included oaths, for example, deserve examination as well as accounts of speeches, battle-challenges, and diplomatic threats. Oath furnishes one noteworthy index of sophisticated social and legal analysis embedded in ancient historical narrations. The historians' use of this specific index shows that they treat oaths in some significantly different ways. While Herodotus mentions only the gist of an earlier generation's inter-state oaths, Thucydides can transcribe every clause of certain contemporaneous treaties. This chapter examines when, where, and how Herodotus and Thucydides include oaths. After situating oath in Hellenic thought, it maps fifth-century test cases onto that pattern.
Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0001
- Subject:
- Law, Philosophy of Law, EU Law
Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the ...
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Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the European Union’s agenda. Anti-discrimination law appears to be a way of mediating between them. The relevant legislation protects people who happen to bear certain characteristics—most of which are socially salient, for example, sex, race, religion, ethnicity—from disadvantage that arises from actions by private persons or the state in the context of the provision of goods and opportunities. Characteristically, the protection is limited to certain critical goods, such as jobs, salaries, housing or access to education. The European Union has been the driving force in the development of anti-discrimination legislation in the legal systems of its Member States.Less
Creating equality of opportunity seems to be a viable strategy for resolving the conflict between the contending principles of competitiveness and solidarity. Both principles lie at the core of the European Union’s agenda. Anti-discrimination law appears to be a way of mediating between them. The relevant legislation protects people who happen to bear certain characteristics—most of which are socially salient, for example, sex, race, religion, ethnicity—from disadvantage that arises from actions by private persons or the state in the context of the provision of goods and opportunities. Characteristically, the protection is limited to certain critical goods, such as jobs, salaries, housing or access to education. The European Union has been the driving force in the development of anti-discrimination legislation in the legal systems of its Member States.
Neil Boister and Robert Cryer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199278527
- eISBN:
- 9780191706950
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278527.003.0001
- Subject:
- Law, Public International Law
This introductory chapter highlights the negative view of the trial created by the existing literature on the trial, but then notes that there has been little legal analysis of the trial. It points ...
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This introductory chapter highlights the negative view of the trial created by the existing literature on the trial, but then notes that there has been little legal analysis of the trial. It points out that such legal analysis is the purpose of this book, and that it is not intended to be a comprehensive history of the trial. While the book is a reappraisal of the trial, the point is also made that it is not intended to be a rehabilitation of the trial. The authors note their own linguistic limitations in taking on such a topic as neither speaks Japanese. The chapter then presents notes on usages and terminology, and sets out the structure of the book.Less
This introductory chapter highlights the negative view of the trial created by the existing literature on the trial, but then notes that there has been little legal analysis of the trial. It points out that such legal analysis is the purpose of this book, and that it is not intended to be a comprehensive history of the trial. While the book is a reappraisal of the trial, the point is also made that it is not intended to be a rehabilitation of the trial. The authors note their own linguistic limitations in taking on such a topic as neither speaks Japanese. The chapter then presents notes on usages and terminology, and sets out the structure of the book.
James E. Pfander
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195340334
- eISBN:
- 9780199867233
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195340334.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United ...
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Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, this book advances a departmental conception of the judiciary. It argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the “one supreme Court” identified in the Constitution exercises ultimate supervisory authority. This book takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.Less
Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, this book advances a departmental conception of the judiciary. It argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the “one supreme Court” identified in the Constitution exercises ultimate supervisory authority. This book takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.
Colin B. Picker
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780195389005
- eISBN:
- 9780199332434
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195389005.003.0003
- Subject:
- Law, Public International Law
Legal cultural analysis can be a very useful methodology for considering legal systems and traditions. This chapter applies that methodological approach to international investment law. It first ...
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Legal cultural analysis can be a very useful methodology for considering legal systems and traditions. This chapter applies that methodological approach to international investment law. It first explains the methodology and then discusses the unique obstacles international economic law presents for an application of the methodology. Next, it examines the field with those difficulties in mind, and identifies systemic or macro-legal cultural issues within the field of international investment law that are presently or will in the future be significant influences on the development of international investment law.Less
Legal cultural analysis can be a very useful methodology for considering legal systems and traditions. This chapter applies that methodological approach to international investment law. It first explains the methodology and then discusses the unique obstacles international economic law presents for an application of the methodology. Next, it examines the field with those difficulties in mind, and identifies systemic or macro-legal cultural issues within the field of international investment law that are presently or will in the future be significant influences on the development of international investment law.
Irene Calboli
- Published in print:
- 2021
- Published Online:
- September 2021
- ISBN:
- 9780198826743
- eISBN:
- 9780191865695
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198826743.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter addresses the intersection between comparative law and intellectual property (IP) law and the role of comparative legal analysis as a research methodology for IP scholars. Due to the ...
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This chapter addresses the intersection between comparative law and intellectual property (IP) law and the role of comparative legal analysis as a research methodology for IP scholars. Due to the high level of international harmonization of IP laws, comparative legal analysis has traditionally played a prominent role for IP scholars. However, this methodology has become even more fundamental in recent decades because of the further integration of legal systems due to the process of globalization of trade and the fast-evolving worldwide technological developments. As a result of this economic and technological integration, different legal traditions have converged to an unprecedented level. In particular, after an overview of Comparative Law and the process required to conduct comparative analysis, this chapter offers several examples in the context of IP research.Less
This chapter addresses the intersection between comparative law and intellectual property (IP) law and the role of comparative legal analysis as a research methodology for IP scholars. Due to the high level of international harmonization of IP laws, comparative legal analysis has traditionally played a prominent role for IP scholars. However, this methodology has become even more fundamental in recent decades because of the further integration of legal systems due to the process of globalization of trade and the fast-evolving worldwide technological developments. As a result of this economic and technological integration, different legal traditions have converged to an unprecedented level. In particular, after an overview of Comparative Law and the process required to conduct comparative analysis, this chapter offers several examples in the context of IP research.
Pierre Schlag and Amy J. Griffin
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9780226726106
- eISBN:
- 9780226726380
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226726380.001.0001
- Subject:
- Law, Philosophy of Law
“How to do Things with Legal Doctrine,” describes and explains those fundamental rhetorical moves that cut across the law school curriculum. We discuss rules vs. standards, textualism vs. ...
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“How to do Things with Legal Doctrine,” describes and explains those fundamental rhetorical moves that cut across the law school curriculum. We discuss rules vs. standards, textualism vs. purposivism, broad and narrow time frames, the theater metaphor, continuous and segmented transactions, the myriad arguments that attend the creation and destruction of legal distinctions, the classic techniques for reconciling doctrinal conflicts, and much (much) more. We look at legal doctrine by addressing the gaps, the conflicts, and other places where law seems to run out, yet legal argument must nonetheless go on. This is a book of theory, but what it theorizes are the practical arguments that lawyers make day in and day out. Our goal is not just to render the intellectual practical, but to reveal the intellectual aspects of the practical. Not just a discussion, this book also serves as a prompt, a compendium and a central resource for brainstorming about how to write a legal brief, a judicial opinion, a law review article.Less
“How to do Things with Legal Doctrine,” describes and explains those fundamental rhetorical moves that cut across the law school curriculum. We discuss rules vs. standards, textualism vs. purposivism, broad and narrow time frames, the theater metaphor, continuous and segmented transactions, the myriad arguments that attend the creation and destruction of legal distinctions, the classic techniques for reconciling doctrinal conflicts, and much (much) more. We look at legal doctrine by addressing the gaps, the conflicts, and other places where law seems to run out, yet legal argument must nonetheless go on. This is a book of theory, but what it theorizes are the practical arguments that lawyers make day in and day out. Our goal is not just to render the intellectual practical, but to reveal the intellectual aspects of the practical. Not just a discussion, this book also serves as a prompt, a compendium and a central resource for brainstorming about how to write a legal brief, a judicial opinion, a law review article.
Issachar Rosen-Zvi
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199282548
- eISBN:
- 9780191700200
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282548.003.0013
- Subject:
- Law, Philosophy of Law
This chapter addresses the normative and spatial dimensions of sovereignty in a society characterized by cultural diversity, social fragmentation, and ideological conflict. The thesis of this chapter ...
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This chapter addresses the normative and spatial dimensions of sovereignty in a society characterized by cultural diversity, social fragmentation, and ideological conflict. The thesis of this chapter is that in mediating these tensions, decision makers and the courts often use the ‘ethics of provincialism’, a vision of ethnic, cultural, and religious pluralism managed by geographic autonomy and isolation, using geography as a proxy for subgroup affiliation. For the sake of clarity, the discussion is focused on a recent decision delivered by the Israeli Supreme Court — Solodkin v. City of Beit Shemesh — that raises significant questions regarding the (appropriate) place of space in legal analysis, permitting the analysis of severe social effects of the ethics of provincialism. After exploring the facts of the case, it then considers how various political theories — liberalism, multiculturalism, and civic republicanism — would address the dilemma presented in it. This discussion, in turn, serves as a springboard for exploring pervasive questions regarding the association between social groups and the urban spaces they inhabit in multicultural societies.Less
This chapter addresses the normative and spatial dimensions of sovereignty in a society characterized by cultural diversity, social fragmentation, and ideological conflict. The thesis of this chapter is that in mediating these tensions, decision makers and the courts often use the ‘ethics of provincialism’, a vision of ethnic, cultural, and religious pluralism managed by geographic autonomy and isolation, using geography as a proxy for subgroup affiliation. For the sake of clarity, the discussion is focused on a recent decision delivered by the Israeli Supreme Court — Solodkin v. City of Beit Shemesh — that raises significant questions regarding the (appropriate) place of space in legal analysis, permitting the analysis of severe social effects of the ethics of provincialism. After exploring the facts of the case, it then considers how various political theories — liberalism, multiculturalism, and civic republicanism — would address the dilemma presented in it. This discussion, in turn, serves as a springboard for exploring pervasive questions regarding the association between social groups and the urban spaces they inhabit in multicultural societies.
Carolyn Hoyle and Mai Sato
- Published in print:
- 2019
- Published Online:
- March 2019
- ISBN:
- 9780198794578
- eISBN:
- 9780191836022
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198794578.003.0003
- Subject:
- Law, Criminal Law and Criminology, Human Rights and Immigration
This chapter examines decision-making and the use of discretion within the Criminal Cases Review Commission using socio-legal analysis, with particular emphasis on the application of the real ...
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This chapter examines decision-making and the use of discretion within the Criminal Cases Review Commission using socio-legal analysis, with particular emphasis on the application of the real possibility test at screening, investigation, and referral back to the Court of Appeal. It also describes the theoretical framework used in the review of the Commission's discretion and decision-making. The chapter begins with a discussion of how the Commission decides whether there is new evidence and whether that evidence gives rise to a real possibility that the Court of Appeal will find the conviction to be unsafe. It then considers the legal and socio-legal literature on discretion, highlighting the key features of discretionary behaviour and how it is facilitated and constrained in practice. Finally, it explores three concepts proposed by Keith Hawkins in the context of legal decision-making: ‘surround’, ‘field’, and ‘frame’.Less
This chapter examines decision-making and the use of discretion within the Criminal Cases Review Commission using socio-legal analysis, with particular emphasis on the application of the real possibility test at screening, investigation, and referral back to the Court of Appeal. It also describes the theoretical framework used in the review of the Commission's discretion and decision-making. The chapter begins with a discussion of how the Commission decides whether there is new evidence and whether that evidence gives rise to a real possibility that the Court of Appeal will find the conviction to be unsafe. It then considers the legal and socio-legal literature on discretion, highlighting the key features of discretionary behaviour and how it is facilitated and constrained in practice. Finally, it explores three concepts proposed by Keith Hawkins in the context of legal decision-making: ‘surround’, ‘field’, and ‘frame’.
Daniel Seng
- Published in print:
- 2021
- Published Online:
- September 2021
- ISBN:
- 9780198826743
- eISBN:
- 9780191865695
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198826743.003.0030
- Subject:
- Law, Intellectual Property, IT, and Media Law
Advancements in data analysis and the growing wealth of data regarding various innovations and their uses make it increasingly feasible to apply robust mathematical, statistical, and computational ...
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Advancements in data analysis and the growing wealth of data regarding various innovations and their uses make it increasingly feasible to apply robust mathematical, statistical, and computational techniques to empirically investigate phenomena, analyse issues and make policies in intellectual property (IP). This chapter gives a brief outline of the six steps to quantitative legal analysis, namely formulating the research question, conducting a literature review, designing the research methodology, managing the data, analysing the data, and presenting the analysis and conclusions. There is discussion about how information science techniques can improve the processes of methodology design and the collection and management of data when applied to IP matters. This chapter ends with an examination into the possible limitations of the quantitative legal analysis process as applied to legal issues in general and to IP issues in particular, and provides suggestions as to how these may be overcome.Less
Advancements in data analysis and the growing wealth of data regarding various innovations and their uses make it increasingly feasible to apply robust mathematical, statistical, and computational techniques to empirically investigate phenomena, analyse issues and make policies in intellectual property (IP). This chapter gives a brief outline of the six steps to quantitative legal analysis, namely formulating the research question, conducting a literature review, designing the research methodology, managing the data, analysing the data, and presenting the analysis and conclusions. There is discussion about how information science techniques can improve the processes of methodology design and the collection and management of data when applied to IP matters. This chapter ends with an examination into the possible limitations of the quantitative legal analysis process as applied to legal issues in general and to IP issues in particular, and provides suggestions as to how these may be overcome.
Mary Elizabeth Basile Chopas
- Published in print:
- 2017
- Published Online:
- January 2019
- ISBN:
- 9781469634340
- eISBN:
- 9781469634364
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469634340.001.0001
- Subject:
- History, American History: 20th Century
When the United States entered World War II, Italian nationals living in this country were declared enemy aliens and faced with legal restrictions. Several thousand aliens and a few U.S. citizens ...
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When the United States entered World War II, Italian nationals living in this country were declared enemy aliens and faced with legal restrictions. Several thousand aliens and a few U.S. citizens were arrested and underwent flawed hearings, and hundreds were interned. Shedding new light on an injustice often overshadowed by the mass confinement of Japanese Americans, this book traces how government and military leaders constructed wartime policies affecting Italian residents. Based on new archival research into the alien enemy hearings, this in-depth legal analysis illuminates a process not widely understood. From presumptive guilt in the arrest and internment based on membership in social and political organizations, to hurdles in attaining American citizenship, this book uncovers many layers of repression not heretofore revealed in scholarship about the World War II home front. In telling the stories of former internees and persons excluded from military zones as they attempted to resume their lives after the war, this book demonstrates the lasting social and cultural effects of government policies on the Italian American community, and addresses the modern problem of identifying threats in a largely loyal and peaceful population.Less
When the United States entered World War II, Italian nationals living in this country were declared enemy aliens and faced with legal restrictions. Several thousand aliens and a few U.S. citizens were arrested and underwent flawed hearings, and hundreds were interned. Shedding new light on an injustice often overshadowed by the mass confinement of Japanese Americans, this book traces how government and military leaders constructed wartime policies affecting Italian residents. Based on new archival research into the alien enemy hearings, this in-depth legal analysis illuminates a process not widely understood. From presumptive guilt in the arrest and internment based on membership in social and political organizations, to hurdles in attaining American citizenship, this book uncovers many layers of repression not heretofore revealed in scholarship about the World War II home front. In telling the stories of former internees and persons excluded from military zones as they attempted to resume their lives after the war, this book demonstrates the lasting social and cultural effects of government policies on the Italian American community, and addresses the modern problem of identifying threats in a largely loyal and peaceful population.
Panos Koutrakos
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199692729
- eISBN:
- 9780191752254
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199692729.003.0001
- Subject:
- Law, EU Law, Public International Law
This introductory chapter begins by considering the rhetoric of European Union (EU) institutions on the security role of the Union. It then sets out the book's purpose, which is to provide a legal ...
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This introductory chapter begins by considering the rhetoric of European Union (EU) institutions on the security role of the Union. It then sets out the book's purpose, which is to provide a legal analysis of the EU' Common Security and Defence Policy (CSDP). An overview of the subsequent chapters is also presented.Less
This introductory chapter begins by considering the rhetoric of European Union (EU) institutions on the security role of the Union. It then sets out the book's purpose, which is to provide a legal analysis of the EU' Common Security and Defence Policy (CSDP). An overview of the subsequent chapters is also presented.
Paul Johnson
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780198777618
- eISBN:
- 9780191823176
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198777618.003.0002
- Subject:
- Law, Human Rights and Immigration, EU Law
This chapter provides a sociologically informed historical analysis of applications made under the European Convention on Human Rights against the UK concerning discrimination on the grounds of ...
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This chapter provides a sociologically informed historical analysis of applications made under the European Convention on Human Rights against the UK concerning discrimination on the grounds of sexual orientation. It focuses on sixty-three cases against the UK that originated in individual applications submitted to the Strasbourg organs between 1972 and 2010. The key aim of this chapter is to elucidate the socio-legal context of applications against the UK about sexual orientation discrimination, the jurisprudence that the Strasbourg organs have developed as a result of these applications, and the effect of this jurisprudence on the legal landscape of the UK.Less
This chapter provides a sociologically informed historical analysis of applications made under the European Convention on Human Rights against the UK concerning discrimination on the grounds of sexual orientation. It focuses on sixty-three cases against the UK that originated in individual applications submitted to the Strasbourg organs between 1972 and 2010. The key aim of this chapter is to elucidate the socio-legal context of applications against the UK about sexual orientation discrimination, the jurisprudence that the Strasbourg organs have developed as a result of these applications, and the effect of this jurisprudence on the legal landscape of the UK.
Barbara Havelková and Mathias Möschel (eds)
- Published in print:
- 2019
- Published Online:
- February 2020
- ISBN:
- 9780198853138
- eISBN:
- 9780191887451
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198853138.001.0001
- Subject:
- Law, Human Rights and Immigration
This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has ...
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This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has originated in common law countries. This book breaks new ground with offering, for the first time, a sustained, critical, legal, and socio-legal, comparative look at jurisdictions beyond the common law. It tests the thesis that anti-discrimination law has been perceived as an import for which continental European jurisdictions have found little use. Through a set of single chapters, each written by a continental civil law legal scholar, this book demonstrates that, while to some extent the claim that anti-discrimination constituted a legal irritant remains true, today nevertheless a much more nuanced picture emerges. The situation depends on the country and varies also by specific area of law, the actors involved, as well as the ground or concept of anti-discrimination law one focuses on.Less
This edited volume explores the question of how anti-discrimination law fits into civil law jurisdictions of Europe. Anti-discrimination law, as well as much of academic literature on this topic, has originated in common law countries. This book breaks new ground with offering, for the first time, a sustained, critical, legal, and socio-legal, comparative look at jurisdictions beyond the common law. It tests the thesis that anti-discrimination law has been perceived as an import for which continental European jurisdictions have found little use. Through a set of single chapters, each written by a continental civil law legal scholar, this book demonstrates that, while to some extent the claim that anti-discrimination constituted a legal irritant remains true, today nevertheless a much more nuanced picture emerges. The situation depends on the country and varies also by specific area of law, the actors involved, as well as the ground or concept of anti-discrimination law one focuses on.
