Jump to ContentJump to Main Navigation

You are looking at 1-20 of 28 items

  • Keywords: legal change x
Clear All Modify Search

View:

Into the Void

Joanna L. Grossman and Lawrence M. Friedman

in Inside the Castle: Law and the Family in 20th Century America

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149820
eISBN:
9781400839773
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149820.003.0016
Subject:
Law, Family Law

This concluding chapter returns to the history of family law and the changes it has undergone throughout the twentieth and twenty-first centuries. Traditional morality has suffered serious defeats. ... More


The Slippery Slope

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.7
Subject:
Law, Criminal Law and Criminology, Medical Law

In the assisted dying context, the legal significance of the dispute over the slippery slope argument is enormous. The force of logical slippery slope arguments depends on the mechanism of legal ... More


General Introduction

Lawrence Stone

in Road to Divorce: England 1530-1987

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198226512
eISBN:
9780191678646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198226512.003.0001
Subject:
History, British and Irish Early Modern History, Social History

This chapter provides a broad introduction to the history of divorce, providing a background on non-separating and non-divorcing society, family history, models of legal change, the legal system, and ... More


Duties and Necessity

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.0004
Subject:
Law, Criminal Law and Criminology, Medical Law

The defence of necessity was the route used to effectively legalize euthanasia in the Netherlands. The Dutch use of necessity focuses on the key conflict between the duty to preserve life and the ... More


Compassion

Penney Lewis

in Assisted Dying and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199212873
eISBN:
9780191707063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199212873.003.0005
Subject:
Law, Criminal Law and Criminology, Medical Law

Jurisprudentially, the main drivers of legal change or attempts at legal change on assisted dying have been rights and the duty-based defence of necessity. An alternative proposal has been made in ... More


Gathering Up the Main Threads

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/9780199691661.003.0048
Subject:
Law, Public International Law

This chapter casts a net on the previous chapters, gathering the main problems which have been grappled in the book, and surveying the solutions proposed from the discussion that has unfolded. At ... More


Ten Legal Change

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0011
Subject:
Law, Company and Commercial Law

This chapter explores several important questions related to legal change, legal transplants, and legal harmonization and convergence. It begins with the simple observation that all countries ... More


Legal Rights

JOSEPH RAZ

in Ethics in the Public Domain: Essays in the Morality of Law and Politics

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260691
eISBN:
9780191682148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260691.003.0012
Subject:
Law, Philosophy of Law

This chapter proposes a general account of rights. The gist of this account is that an individual has a right if an aspect of their well-being is a ground for holding another to be under a duty. It ... More


15. Legal Change and Legal Continuity

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0016
Subject:
Law, Law of Obligations, Legal History

This chapter argues that legal change occurs by filling in gaps between the rules in the way that seems the most convenient or most just at the time; through twisting rules, or rediscovering old ... More


What It Is to Legislate

Richard Ekins

in The Nature of Legislative Intent

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646999
eISBN:
9780191741159
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646999.003.0005
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter outlines what it is to legislate well, which is to choose to change the law in some specific way for some good reasons. The way to understand how the well-formed legislature acts is to ... More


Introduction

IAN LOVELAND

in Housing Homeless Persons: Administrative Law and the Administrative Process

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198258766
eISBN:
9780191681868
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258766.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter sets out the purpose of the book, which is to present a ‘contextual’ study of the implementation of Britain's homelessness legislation, legislation which was initially ... More


On the docket: Changing conventions in a Muslim court, 1965–1995

LAWRENCE ROSEN

in The Justice of Islam: Comparative Perspectives on Islamic Law and Society

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298854
eISBN:
9780191707452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298854.003.0006
Subject:
Law, Comparative Law

This chapter uses the docket of a Moroccan court for thirty years to show how the types of cases have changed over time. The introduction of new ways of approaching evidence — especially through ... More


Local justice: A day in an alternative court

LAWRENCE ROSEN

in The Justice of Islam: Comparative Perspectives on Islamic Law and Society

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298854
eISBN:
9780191707452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298854.003.0007
Subject:
Law, Comparative Law

This chapter describes the operation of a small court set up by the state alongside the regular courts to hear less major cases. The example of this one court is placed in context and shown to be ... More


Explaining Recursive Cycles of Treaty Interpretation: The Role of Transparency, Ambiguity, and Opacity

Grégoire Mallard

in Fallout: Nuclear Diplomacy in an Age of Global Fracture

Published in print:
2014
Published Online:
May 2015
ISBN:
9780226157894
eISBN:
9780226157924
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226157924.003.0002
Subject:
Law, Public International Law

Chapter 2 shows how the focus on legal interpretation that is adopted in this book complements and challenges some aspects of the existing sociological theories of transnational legal change: first, ... More


Nationalism, Recognition, and Family Formation

Narendra Subramanian

in Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804788786
eISBN:
9780804790901
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804788786.003.0002
Subject:
Law, Family Law

Centralizing states appropriated the authority of kin groups and ethnic and religious institutions over family life to varying degrees. The ways they regulated family and intimacy did not depend on ... More


Conclusion

David Blackbourn

in The Peculiarities of German History: Bourgeois Society and Politics in Nineteenth-Century Germany

Published in print:
1984
Published Online:
October 2011
ISBN:
9780198730583
eISBN:
9780191694943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198730583.003.0016
Subject:
History, European Modern History

This concluding chapter sums up the key findings of this study on the history of Germany during the nineteenth century. The results suggest that most historians have adopted a rather restricted idea ... 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


Rethinking the Relation Between Legal and Economic Development

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0003
Subject:
Law, Company and Commercial Law

Law is not a fixed endowment in the sense of an unchanging foundation for market activity. It is hardly surprising, then, that the sustainable development of capitalist systems should depend in part ... More


Reconsolidating Political Power in an Age of Popular Politics: Whig Reform and Social Reproduction

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0007
Subject:
Law, Legal History

This chapter examines the influence of the reconsolidation of political power on the origin of plea bargaining in Boston, Massachusetts. It highlights the influence of politics on the creation of the ... More


The Law of Slavery and the European Ius Commune

R.H. Helmholz

in The Legal Understanding of Slavery: From the Historical to the Contemporary

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660469
eISBN:
9780191745508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660469.003.0003
Subject:
Law, Human Rights and Immigration, Legal History

This chapter explores the ways slavery was defined in the medieval and early modern ius commune. It studies some of the consequences of that definition of slavery for men and women in Europe. It ... More


View: