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Empirical Counterparts and Hart's Semantics

Nicos Stavropoulos

in Objectivity in Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198258995
eISBN:
9780191681899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258995.003.0003
Subject:
Law, Philosophy of Law

This chapter discusses an ontological objection that purports to block Kripke-Putnam semantics in the legal domain. According to that objection, Kripke-Putnam (K-P) semantics is plausible for ... More


A History of Water Rights at Common Law

Joshua Getzler

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207602
eISBN:
9780191715327
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207602.001.0001
Subject:
Law, Environmental and Energy Law

This history of the doctrinal evolution of water law investigates the links between law and economic development, with detailed attention to legal concepts and to the history of industrialization. ... More


Substantive Disagreement and Indeterminacy

Nicos Stavropoulos

in Objectivity in Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198258995
eISBN:
9780191681899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258995.003.0005
Subject:
Law, Philosophy of Law

If legal concepts are capable of being the object of substantive disagreement (SD), there must be a way to demarcate this sort of disagreement from conceptual disagreement (CD). This chapter examines ... More


Conceptions of Practice

Nicos Stavropoulos

in Objectivity in Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198258995
eISBN:
9780191681899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258995.003.0006
Subject:
Law, Philosophy of Law

This chapter discusses several problems connected with the claim that legal practices determine the content of legal concepts. It examines the well-known arguments of Stanley Fish, and shows how he ... More


Legal Form

Zoe Adams

in Labour and the Wage: A Critical Perspective

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198858898
eISBN:
9780191891007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858898.003.0003
Subject:
Law, Employment Law

The chapter builds on the analysis in Chapter 1 with a view to exploring the nature of law and its relationship with capitalist society in more detail. The previous chapter used an analysis of ... More


Introduction: The Roman Foundations of the Law of Nations

Benedict Kingsbury and Benjamin Straumann

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0001
Subject:
Law, Legal History

This introductory chapter first sets out the purpose of the book, which is to bring together a set of fresh perspectives exploring the significance and implications of the use made of Roman legal ... More


“Since We Came out of This Ground”: Iroquois Legal Arguments at the Treaty of Lancaster

Craig Yirush

in Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America

Published in print:
2018
Published Online:
May 2019
ISBN:
9781479850129
eISBN:
9781479838394
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479850129.003.0004
Subject:
Law, Philosophy of Law

Over time, Natives and settlers not only came to appreciate the political implications of treaties but also learned to manipulate each other’s legal concepts. Craig Yirush shows the Iroquois’ skill ... More


The Implementation and Its Challenges

C.J.W. Baaij

in Legal Integration and Language Diversity: Rethinking Translation in EU Lawmaking

Published in print:
2018
Published Online:
March 2018
ISBN:
9780190680787
eISBN:
9780190680817
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190680787.003.0006
Subject:
Law, Philosophy of Law

The final step in making the case for an English-based, source-oriented EU Translation is demonstrating its implementation. The case study of contract law integration helps illustrate how language ... More


Dangerous Proportions: Means and Ends in Non-finite War

Nehal Bhuta and Rebecca Mignot-Mahdavi

in The Struggle for Human Rights: Essays in honour of Philip Alston

Published in print:
2021
Published Online:
January 2022
ISBN:
9780198868064
eISBN:
9780191914454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868064.003.0021
Subject:
Law, Company and Commercial Law, Public International Law

Philip Alston’s deep worries about the institutionalization of the tactic of targeted killing, the ensuing extension of warfare, and its corrosive consequences for any meaningful possibility of ... More


Wrap Contracts: Foundations and Ramifications

Nancy Kim

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.001.0001
Subject:
Law, Company and Commercial Law

This book explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. It discusses court decisions ... More


Is There a Unitary Concept of Discrimination?

Patrick S. Shin

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0009
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter addresses the question of whether it is possible to develop an account of discrimination that ties together the various strands of its extensional reach in a morally cohesive way, i.e., ... More


Possible Legal Implications of Neural Mechanisms Underlying Ethical Behaviour

Donald Pfaff and Sandra Sherman

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0022
Subject:
Law, Medical Law

This chapter suggests that recent work in neuroscience pointing towards a physical/hormonal basis for moral reciprocity — the ‘do unto others’ dictum commonly called the Golden Rule — may have ... More


Veil-piercing

Carsten Gerner-Beuerle and Michael Schillig

in Comparative Company Law

Published in print:
2019
Published Online:
June 2019
ISBN:
9780199572205
eISBN:
9780191747397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199572205.003.0010
Subject:
Law, Company and Commercial Law, Comparative Law

This chapter focuses on strategies that, in a broad sense, set the principle of limited liability aside in order to reach (the assets of) the natural or legal persons that benefit from corporate ... More


Introduction: Shakespeare and the Law

Bradin Cormack, Martha C. Nussbaum, and Richard Strier

in Shakespeare and the Law: A Conversation among Disciplines and Professions

Published in print:
2013
Published Online:
September 2013
ISBN:
9780226924939
eISBN:
9780226924946
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226924946.003.0001
Subject:
Literature, Shakespeare Studies

This chapter provides a preview of the responses and reactions that Shakespeare had toward the legal systems under which he lived. His character Hamlet provides a striking entry into the matter, when ... More


Shakespeare and the Law: A Conversation among Disciplines and Professions

Bradin Cormack, Martha C. Nussbaum, and Richard Strier (eds)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780226924939
eISBN:
9780226924946
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226924946.001.0001
Subject:
Literature, Shakespeare Studies

William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life, and trials, lawsuits, and legal terms permeate his plays. Gathering a team of ... More


Labour Law from an Ontological Perspective

Zoe Adams

in Labour and the Wage: A Critical Perspective

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198858898
eISBN:
9780191891007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858898.003.0001
Subject:
Law, Employment Law

This introductory chapter explains the motivation behind the book. It argues that it is unhelpful to talk about what labour law should be doing, and how, without a deeper understanding both of what ... More


The Context of African Law

Uwe Kischel

in Comparative Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198791355
eISBN:
9780191833830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791355.003.0008
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter assesses African law. The law of Africa displays one fundamental common attribute: plurality. In Africa, a great variety of legal orders and legal concepts coincide and must try either ... More


The Internal Market as a Legal Concept

Stephen Weatherill

in The Internal Market as a Legal Concept

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198794806
eISBN:
9780191836312
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198794806.003.0001
Subject:
Law, EU Law, Competition Law

This chapter sets out the book’s purpose, namely to provide an account and analysis of the law that is built on the claim that the internal market is an ambiguous legal concept. One may readily ... More


Conclusions on Good Governance: Concept and Context

Henk Addink

in Good Governance: Concept and Context

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198841159
eISBN:
9780191876653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841159.003.0018
Subject:
Law, Constitutional and Administrative Law

Good governance is a legal concept and a cornerstone of the modern state and presented in the book as the third cornerstone of a modern stone (alongside the rule of law and democracy). We concluded ... More


The Enchantment of Knowledge and its Apotheosis: Gustave Flaubert’s Bouvard and Pécuchet

Jeanne Gaakeer

in Judging from Experience: Law, Praxis, Humanities

Published in print:
2019
Published Online:
September 2019
ISBN:
9781474442480
eISBN:
9781474460286
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474442480.003.0002
Subject:
Law, Philosophy of Law

Chapter 1 offers a metaphorical reading of Gustave Flaubert’s Bouvard and Pécuchet to illustrate how the process of differentiation of knowledge culminated in the positivist thought of the nineteenth ... More


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