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Law and Childhood Studies: Current Legal Issues Volume 14

Michael Freeman (ed.)

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.001.0001
Subject:
Law, Family Law, Human Rights and Immigration

The Current Legal Issues series is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law ... More


In defence of John

Demetrios S. Katos

in Palladius of Helenopolis: The Origenist Advocate

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696963
eISBN:
9780191731969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696963.003.0004
Subject:
Religion, Early Christian Studies, Church History

This chapter continues the analysis of the Dialogue in accordance with principles of judicial rhetoric. This chapter analyzes the rhetoric of the arguments used by Palladius to defend John by ... More


Law and Anthropology: Current Legal Issues Volume 12

Michael Freeman and David Napier (eds)

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.001.0001
Subject:
Law, Comparative Law

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to ... More


Judging Mistakenly?

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/9780199571246.003.0013
Subject:
Law, Philosophy of Law

This chapter presents a synthesis of discussions in the preceding chapters. It considers the persuasive character of legal arguments, beyond the point at which these can be cast in a simple ... More


From Sex Workers to Data Hacks: Craigslist’s Courtroom Battles

Jessa Lingel

in An Internet for the People: The Politics and Promise of craigslist

Published in print:
2020
Published Online:
September 2020
ISBN:
9780691188904
eISBN:
9780691199887
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691188904.003.0004
Subject:
Anthropology, Social and Cultural Anthropology

This chapter describes two key strands of legal arguments that craigslist has repeatedly—and, for the most part, successfully—made: first, that websites cannot be held responsible for the behaviour ... More


Jane Crow (1960s)

Sarah Azaransky

in The Dream Is Freedom: Pauli Murray and American Democratic Faith

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199744817
eISBN:
9780199897308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744817.003.0004
Subject:
Religion, Religion and Society

This chapter describes landmark legal arguments Murray made about equal protection in the 1960s. Using the category of “Jane Crow,” she demanded that the law be responsive to the synthetic nature of ... More


Cicero the Advocate

Jonathan Powell and Jeremy Paterson (eds)

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198152804
eISBN:
9780191715143
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198152804.001.0001
Subject:
Classical Studies, Prose and Writers: Classical, Early, and Medieval

This book considers Cicero's forensic speeches as acts of advocacy, that is, designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It ... More


Reason

Carlo Focarelli

in International Law as Social Construct: The Struggle for Global Justice

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199584833
eISBN:
9780191741012
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584833.003.0004
Subject:
Law, Public International Law

This chapter shows that law is a process inspired by a ‘working’ reason operating in and for society. It argues that certain legal arguments are indeed better than others in society. Theoretical ... More


Law and Neuroscience: Current Legal Issues Volume 13

Michael Freeman (ed.)

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.001.0001
Subject:
Law, Medical Law

Current Legal Issues, like its sister series Current Legal Problems, is based upon an annual colloquium held at University College London. Each year leading scholars from around the ... More


A Tale of Two Cases

Joanne Conaghan

in Law and Gender

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199592920
eISBN:
9780191751103
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592920.003.0002
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter examines two leading English law cases separated by half a century in which gender considerations feature strongly: Best v Fox and R v R. In the winter of 1949, after a horrible accident ... More


Making the Case: The Art of the Judicial Opinion

Paul W. Kahn

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300212082
eISBN:
9780300220841
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300212082.001.0001
Subject:
Law, Constitutional and Administrative Law

This book introduces law students to the art of reading judicial opinions. At the same time, it offers an innovative theory of the nature of legal argument, emphasizing the roles of rhetoric, ... More


Afterword What Has Philosophy to Learn from Tort Law?

BERNARD WILLIAMS

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0022
Subject:
Law, Philosophy of Law

Philosophy might learn from tort law the difference between practical reality and philosophical frivolity. J. L. Austin was disposed to give that answer. Austin said that it was common sense or, ... More


The Development of Legal Argument in Arbitration: Law as an Afterthought—Is It Time to Recalibrate Our Approach?

Judith A E Gill

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0025
Subject:
Law, Public International Law, Company and Commercial Law

This chapter analyses the current state of legal argument in international arbitration. After surveying the different approaches taken due to variations in the backgrounds of both advocates and ... More


Seduction and Resistance: Behn's Love‐Letters Between a Nobleman and His Sister

Toni Bowers

in Force or Fraud: British Seduction Stories and the Problem of Resistance, 1660-1760

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199592135
eISBN:
9780191725340
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592135.003.0005
Subject:
Literature, 18th-century Literature, 17th-century and Restoration Literature

In 1682, Lady Henrietta Berkeley eloped with her brother‐in‐law Ford, Lord Grey, one of Monmouth's closest personal friends and an avid follower in his rebellion. The scandal, much‐watched in the ... More


The Presidential Self-Pardon Controversy

Brian C. Kalt

in Constitutional Cliffhangers

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300123517
eISBN:
9780300178012
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300123517.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines dueling legal arguments that the courts would confront in a self-pardon case, and some practical considerations that would arise. It does not conclude with any suggestions for ... More


Justice Holmes and the Arrival of Balancing

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

Two opinions by Justice Oliver Wendell Holmes, Jr., filed in the series of Espionage Act cases which the Supreme Court decided in 1919—his opinion for the Court in Schenck v. United States and his ... More


Watering Down Fiduciary Duties

Tamar Frankel

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0013
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter describes the ways in which fiduciary duties can be watered down. The chapter criticizes these various ways including the rationales supporting them. Thus, fiduciary relationships are ... More


Baker and Milsom Sources of English Legal History: Private Law to 1750

John Baker

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.001.0001
Subject:
Law, Legal History

This book contains selected cases, statutes, and a few other texts, relating to the history of English private law between 1194 and 1750. (Cases after 1750 are mostly available in the English ... More


Summary of Arguments

Daniel H. Joyner

in Iran's Nuclear Program and International Law: From Confrontation to Accord

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199377893
eISBN:
9780199377916
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199377893.003.0003
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter presents a description of the legal positions of both sides to the dispute in a brief, summary manner, in order to make a succinct statement of these positions, which can then guide the ... More


One Why Read the Opinions?

Paul W. Kahn

in Making the Case: The Art of the Judicial Opinion

Published in print:
2016
Published Online:
September 2016
ISBN:
9780300212082
eISBN:
9780300220841
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300212082.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter explains that casebooks no longer teach students to read judicial opinions. Instead, they offer highly edited excerpts of opinions, which are arranged to convey the same sort of ... More


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