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The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Nils Jansen

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.001.0001
Subject:
Law, Philosophy of Law

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit ... More


Conclusion

Nils Jansen

in The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0006
Subject:
Law, Philosophy of Law

This concluding chapter argues that non-legislative codifications, such as the American Restatements, the Principles of European Contract Law, and the UNIDROIT Principles of International Commercial ... More


The Making of Legal Authority

Nils Jansen

in The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0005
Subject:
Law, Philosophy of Law

This chapter addresses the question of how legal authority is made. More specifically, it asks how non-legislative reference texts can achieve such a high degree of authority that the participants in ... More


On the Authority and Interpretation of Constitutions: Some Preliminaries

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0013
Subject:
Law, Philosophy of Law

This chapter discusses the authority and interpretation of constitutions. A principle of constitutional theory that commands widespread support says that the principles of constitutional ... More


Introduction

Nils Jansen

in The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to ... More


The problem of law’s authority

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0003
Subject:
Law, Philosophy of Law

This chapter explores some prominent strategies for resolving the problem of legal authority. It first defines the scope of the inquiry: A plausible account of legal authority must provide ... More


A Matter of Dispute: Morality, Democracy, and Law

Christopher J. Peters

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.001.0001
Subject:
Law, Philosophy of Law

Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? This book offers an ... More


The Mystique of Instrumentalism

Tom Tyler and Lindsay Rankin

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0021
Subject:
Psychology, Social Psychology

Ideology includes a set of shared assumptions about “truths” which are widely perceived as self-evident. This chapter focuses upon a set of truths concerning human nature in relationship to the law ... More


Discretionary Powers in the Legal Order

D. J. Galligan

in Discretionary Powers: A Legal Study of Official Discretion

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198256526
eISBN:
9780191681653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256526.003.0002
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Now that various senses of discretion have been considered and a standard case suggested, the next task is to consider the relationship between discretionary powers and ideas about law and legal ... More


Introduction: A Government of Laws

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0002
Subject:
Law, Philosophy of Law

This introductory chapter develops the book's central problem—the problem of legal authority—and outlines the book's arguments in response to it. It introduces the apparent tension between morality ... More


Fiduciary Relationships and the Presumption of Trust

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0005
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Chapter IV develops a distinction introduced in Chapter II between legal and political authority. Legal authority is the authority to make, interpret, administer and enforce law. This authority to ... More


Authority and Reason

JULES L. COLEMAN

in The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.003.0010
Subject:
Law, Philosophy of Law

This chapter considers what Joseph Raz in particular finds objectionable in legal positivism. Raz believes that law’s claim to legitimate authority could only be true if it is possible to identify ... More


On Hart’s Way Out

Scott J. Shapiro

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0005
Subject:
Law, Philosophy of Law

This chapter examines the philosophical project of jurisprudence and the law's claim to legal authority in relation to Herbert Hart's The Concept of Law. It discusses Hart's argument that it was ... More


The Language of Law School: Learning to "Think Like a Lawyer"

Elizabeth Mertz

Published in print:
2007
Published Online:
January 2010
ISBN:
9780195183108
eISBN:
9780199870875
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195183108.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Anyone who has attended law school knows that it invokes an important intellectual transformation, frequently referred to as “learning to think like a lawyer”. This process, which forces students to ... More


Law in Public Health Practice

Richard A. Goodman, Richard E. Hoffman, Wilfredo Lopez, Gene W. Matthews, Mark Rothstein, and Karen Foster (eds)

Published in print:
2007
Published Online:
September 2009
ISBN:
9780195301489
eISBN:
9780199863822
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195301489.001.0001
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

Continually changing health threats, technologies, science, and demographics require that public health professionals have an understanding of law sufficient to address complex new problems as they ... More


Authority and Reason

Jules Coleman

in The Autonomy of Law: Essays on Legal Positivism

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267904
eISBN:
9780191683404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267904.003.0010
Subject:
Law, Philosophy of Law

This chapter attempts to revisit the relationship between incorporationism and the rule of recognition. In doing so, the chapter reviews various accounts of normative force or authority and outlines ... More


Authority and Authorship

Andrei Marmor

in Positive Law and Objective Values

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198268970
eISBN:
9780191713187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268970.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the essential relationship between authority and authorship and suggests that there is no authority without authorship. It argues that legal authority must be attributable to ... More


New Classical Enforcement Theory

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0004
Subject:
Law, Public International Law

Responding to Henkin's compliance theory, Goldsmith and Posner asserted in 2005 that “rational choice” theory proves that few states ever truly “comply” with international law. What looks like ... More


A simple model of dispute resolution

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0004
Subject:
Law, Philosophy of Law

This chapter begins articulating a dispute-resolution account of legal authority by hypothesizing a basic, bipartite dispute and developing, analytically, the essential features of a procedure ... More


Weber, Objectivity, and Legal-Rational Authority

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0010
Subject:
Law, Philosophy of Law

This chapter makes a fundamental examination of Weber's method and results in their bearing on the understanding of law and legal authority. It takes off from a critique of Anthony Kronman's 1983 ... More


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