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Extraterritorial Jurisdiction

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0005
Subject:
Law, Public International Law, EU Law

This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal ... More


The Power of Deliberation: International Law, Politics and Organizations

Ian Johnstone

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195394931
eISBN:
9780199894543
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195394931.001.0001
Subject:
Law, Public International Law

Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. Arguing is almost as ... More


Responsibility to Protect

Ian Johnstone

in The Power of Deliberation: International Law, Politics and Organizations

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195394931
eISBN:
9780199894543
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195394931.003.0004
Subject:
Law, Public International Law

This chapter begins by describing the United Nations Security Council (SC) as a four-tier deliberative setting, where at least minimal preconditions for reasoned argumentation exist. It then examines ... More


Antiqui et Recentiores: Alberico Gentili – Beyond Mos Italicus and Legal Humanism

Alain Wijffels

in Reassessing Legal Humanism and its Claims: Petere Fontes?

Published in print:
2016
Published Online:
January 2017
ISBN:
9781474408851
eISBN:
9781474418522
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474408851.003.0002
Subject:
Law, Philosophy of Law

Legal humanism was ancillary to the general humanistic agenda of creating a model of public governance based on classical ancient values and techniques. In order to maintain their position at the ... More


Introduction

Neil MacCormick

in Legal Reasoning and Legal Theory

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198763840
eISBN:
9780191695230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763840.003.0001
Subject:
Law, Philosophy of Law

Reason is associated with the view that some things are ‘by nature’ right for human beings; others so, merely by convention or by enactment. This book follows the point which is common to both David ... More


Legal Method (Interpretation)[156]

Alf Ross

in On Law and Justice

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198716105
eISBN:
9780191784361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716105.003.0004
Subject:
Law, Philosophy of Law

This chapter focuses on legal method and aims to determine the principles of interpretation that are scientifically valid. In accordance with previous chapters, this implies that the perspective is ... More


Rhetoric, Persuasion, and Interpretation in International Law

Iain Scobbie

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0003
Subject:
Law, Public International Law, Constitutional and Administrative Law

Rhetoric, or the art of persuasion, plays an important role in the process of interpretation in international law as the method by which interpreters achieve the object of convincing their audience ... More


On the Legal Syllogism

Luís Duarte d’Almeida

in Dimensions of Normativity: New Essays on Metaethics and Jurisprudence

Published in print:
2019
Published Online:
February 2019
ISBN:
9780190640408
eISBN:
9780190640439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640408.003.0015
Subject:
Law, Philosophy of Law

This chapter argues against rule-deductivism. Rule-deductivism is the view that the justification of law-applying decisions is adequately understood on the model of a deductive argument—a “legal ... More


Telling Stories About (Roman) Law: Rules and Concepts in Legal Discourse

Caroline Humfress

in Legalism: Rules and Categories

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198753810
eISBN:
9780191815454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753810.003.0004
Subject:
Law, Legal History

Legalism is as much about cultures of argument as it is about ‘rule following’. This chapter first explores the conceptual make-up of legalism through an analysis of Rudolph von Jhering’s attack on ... More


Eichmann in Jerusalem: Justice and History

Michael R. Marrus

in Hannah Arendt in Jerusalem

Published in print:
2001
Published Online:
May 2012
ISBN:
9780520220560
eISBN:
9780520923669
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520220560.003.0013
Subject:
Religion, Judaism

This chapter approaches Hannah Arendt's view of the Eichmann trial from one vantage point that is sometimes overlooked — legal argumentation, which in fact preoccupied Arendt from the very moment she ... More


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