Tanja A. Börzel and Rachel A. Cichowski (eds)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199257409
- eISBN:
- 9780191600951
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925740X.001.0001
- Subject:
- Political Science, European Union
This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes ...
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This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes the dynamic interaction between law, politics, and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies. The book provides an overview of recent key events in the EU, while illuminating how these institutional (formal legal) developments impact on ordinary individuals and EU politics. For example, it examines the European Convention with the possibility of an EU constitution, and asks what impact the creation of judicially enforceable rights may have on Europeans and European integration, and how the opportunity for new rights claims alters the balance of power between individuals and EU organizations (such as the European Court of Justice vis‐á‐vis national governments in EU policy expansion). The book also seeks to provide a unique and interdisciplinary approach to studying the EU by bringing together legal scholars and political scientists. Chapter contributors offer readers sophisticated theoretical and empirical accounts of new developments. Issues such as enlargement, immigration reform, and monetary union require a precise understanding of an increasingly complex set of formal legal rules (the domain of legal scholars), and, equally important, of the effects on ordinary citizens and political participation (the power struggles that concern political scientists). The volume seeks to integrate these two approaches and bridge the divide between them. It is arranged in eight parts: I, EU Law and Politics: The State of the Discipline (3 chapters concerned with broad changes, both theoretical and substantive, in the area of EU politics and law); II, Structures of Governance (3 chapters providing in‐depth analyses of new structures of governance and modes of decision making in the EU); III, EU Citizen Rights and Civil Society (2 chapters) and IV, EU Law in Action (3 chapters), which engage the many processes and recent developments characterizing the interactions between law, politics, and society in the EU; V, Innovation and Expansion (3 chapters analysing the salient policy innovations and expansion since 2000, from monetary to immigration policy); VI, Researching and Teaching the EU (2 chapters discussing cutting‐edge techniques, methodology, and resources for research and teaching in the area of EU studies); VII, References; and VIII, List of Contributors.Less
This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes the dynamic interaction between law, politics, and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies. The book provides an overview of recent key events in the EU, while illuminating how these institutional (formal legal) developments impact on ordinary individuals and EU politics. For example, it examines the European Convention with the possibility of an EU constitution, and asks what impact the creation of judicially enforceable rights may have on Europeans and European integration, and how the opportunity for new rights claims alters the balance of power between individuals and EU organizations (such as the European Court of Justice vis‐á‐vis national governments in EU policy expansion). The book also seeks to provide a unique and interdisciplinary approach to studying the EU by bringing together legal scholars and political scientists. Chapter contributors offer readers sophisticated theoretical and empirical accounts of new developments. Issues such as enlargement, immigration reform, and monetary union require a precise understanding of an increasingly complex set of formal legal rules (the domain of legal scholars), and, equally important, of the effects on ordinary citizens and political participation (the power struggles that concern political scientists). The volume seeks to integrate these two approaches and bridge the divide between them. It is arranged in eight parts: I, EU Law and Politics: The State of the Discipline (3 chapters concerned with broad changes, both theoretical and substantive, in the area of EU politics and law); II, Structures of Governance (3 chapters providing in‐depth analyses of new structures of governance and modes of decision making in the EU); III, EU Citizen Rights and Civil Society (2 chapters) and IV, EU Law in Action (3 chapters), which engage the many processes and recent developments characterizing the interactions between law, politics, and society in the EU; V, Innovation and Expansion (3 chapters analysing the salient policy innovations and expansion since 2000, from monetary to immigration policy); VI, Researching and Teaching the EU (2 chapters discussing cutting‐edge techniques, methodology, and resources for research and teaching in the area of EU studies); VII, References; and VIII, List of Contributors.
Rachel A. Cichowski and Tanja A. Börzel
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199257409
- eISBN:
- 9780191600951
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925740X.003.0001
- Subject:
- Political Science, European Union
Provides an introduction to the book, giving a general overview of the evolution of EU law and politics with emphasis on the growing intersection between these two disciplines. The first section ...
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Provides an introduction to the book, giving a general overview of the evolution of EU law and politics with emphasis on the growing intersection between these two disciplines. The first section describes the approach taken (use of the dynamic interaction between law, politics, and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies), and the objectives. These are: to provide an overview of key events of 2000–2002 in the EU, while illuminating how these institutional (formal legal) developments are linked to an ongoing interaction between law, politics, and society; to illuminate why the key events since 2000 are also distinct from previous trends; and to provide a unique and interdisciplinary approach to studying the EU by bringing together both legal scholars and political scientists. The second section looks at law, politics, and society as a process of institutional change, and outlines the varying approaches taken in the different chapters. The last section provides an overview of the book by part and chapter.Less
Provides an introduction to the book, giving a general overview of the evolution of EU law and politics with emphasis on the growing intersection between these two disciplines. The first section describes the approach taken (use of the dynamic interaction between law, politics, and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies), and the objectives. These are: to provide an overview of key events of 2000–2002 in the EU, while illuminating how these institutional (formal legal) developments are linked to an ongoing interaction between law, politics, and society; to illuminate why the key events since 2000 are also distinct from previous trends; and to provide a unique and interdisciplinary approach to studying the EU by bringing together both legal scholars and political scientists. The second section looks at law, politics, and society as a process of institutional change, and outlines the varying approaches taken in the different chapters. The last section provides an overview of the book by part and chapter.
Sandra F. Joireman
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199782482
- eISBN:
- 9780199897209
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199782482.003.0004
- Subject:
- Political Science, Political Theory
It has long been accepted that nongovernmental organizations have taken over the role of the government in spheres of health and education in Africa. Using field research from Uganda, this chapter ...
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It has long been accepted that nongovernmental organizations have taken over the role of the government in spheres of health and education in Africa. Using field research from Uganda, this chapter presents examples of NGOs that have been active in the enforcement of property rights where the state has chosen not to enforce certain rights or where it is not strong enough to do so. Ideologically motivated NGOs have acted to educate lawyers, judges, and citizens and, in some extreme cases, to equip and train police so as to enable the defense of legal rights to property. The implications of this new role for NGOs in terms of local and national authority are discussed. The evidence suggests a completely different model for understanding legal NGOs from that which has been previously suggested; they neither feed into the legal process nor exist completely separate from it, but are intertwined with the state in surprising ways.Less
It has long been accepted that nongovernmental organizations have taken over the role of the government in spheres of health and education in Africa. Using field research from Uganda, this chapter presents examples of NGOs that have been active in the enforcement of property rights where the state has chosen not to enforce certain rights or where it is not strong enough to do so. Ideologically motivated NGOs have acted to educate lawyers, judges, and citizens and, in some extreme cases, to equip and train police so as to enable the defense of legal rights to property. The implications of this new role for NGOs in terms of local and national authority are discussed. The evidence suggests a completely different model for understanding legal NGOs from that which has been previously suggested; they neither feed into the legal process nor exist completely separate from it, but are intertwined with the state in surprising ways.
Nathan Brown
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780520237629
- eISBN:
- 9780520937789
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520237629.001.0001
- Subject:
- History, Middle East History
This book does what hostilities in the Middle East have made nearly impossible: it offers a measured, internal perspective on Palestinian politics, viewing emerging political patterns from the ...
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This book does what hostilities in the Middle East have made nearly impossible: it offers a measured, internal perspective on Palestinian politics, viewing emerging political patterns from the Palestinian point of view rather than through the prism of the Arab–Israeli conflict. Based on groundbreaking fieldwork, interviews with Palestinian leaders, and an extensive survey of Arabic-language writings and documents, it presents the meaning of state building and self-reliance as Palestinians themselves have understood them in the years between 1993 and 2002. The author focuses his work on five areas: legal development, constitution drafting, the Palestinian Legislative Council, civil society, and the effort to write a new curriculum. His book shows how Palestinians have understood efforts at building institutions as acts of resumption rather than creation—with activists and leaders seeing themselves as recovering from an interrupted past, Palestinians seeking to rejoin the Arab world by building their new institutions on Arab models, and many Palestinian reformers taking the Oslo Accords as an occasion to resume normal political life. Providing a vantage point on most of the issues of Palestinian reform and governance that have emerged in recent policy debates—issues such as corruption, constitutionalism, democracy, and rule of law—this book helps to put Palestinian aspirations and accomplishments in their proper context within a long and complex history, and within the larger Arab world.Less
This book does what hostilities in the Middle East have made nearly impossible: it offers a measured, internal perspective on Palestinian politics, viewing emerging political patterns from the Palestinian point of view rather than through the prism of the Arab–Israeli conflict. Based on groundbreaking fieldwork, interviews with Palestinian leaders, and an extensive survey of Arabic-language writings and documents, it presents the meaning of state building and self-reliance as Palestinians themselves have understood them in the years between 1993 and 2002. The author focuses his work on five areas: legal development, constitution drafting, the Palestinian Legislative Council, civil society, and the effort to write a new curriculum. His book shows how Palestinians have understood efforts at building institutions as acts of resumption rather than creation—with activists and leaders seeing themselves as recovering from an interrupted past, Palestinians seeking to rejoin the Arab world by building their new institutions on Arab models, and many Palestinian reformers taking the Oslo Accords as an occasion to resume normal political life. Providing a vantage point on most of the issues of Palestinian reform and governance that have emerged in recent policy debates—issues such as corruption, constitutionalism, democracy, and rule of law—this book helps to put Palestinian aspirations and accomplishments in their proper context within a long and complex history, and within the larger Arab world.
John Bell, Sophie Boyron, and Simon Whittaker
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199541393
- eISBN:
- 9780191701221
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199541393.001.0001
- Subject:
- Law, Comparative Law
This book provides a comprehensive introduction to French law. This new edition takes account of major changes in a number of areas of law with substantial parts of the book rewritten to reflect ...
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This book provides a comprehensive introduction to French law. This new edition takes account of major changes in a number of areas of law with substantial parts of the book rewritten to reflect legal developments.Less
This book provides a comprehensive introduction to French law. This new edition takes account of major changes in a number of areas of law with substantial parts of the book rewritten to reflect legal developments.
Linda Yueh
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199205783
- eISBN:
- 9780191752018
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199205783.003.0007
- Subject:
- Economics and Finance, South and East Asia
The rapid rise of the entrepreneurial private sector in China is one of the key reasons for the success of its transition from a centrally planned economy toward becoming a market-oriented one since ...
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The rapid rise of the entrepreneurial private sector in China is one of the key reasons for the success of its transition from a centrally planned economy toward becoming a market-oriented one since the late 1970s, which was explored in part in the last chapter. At the same time, China is a country known for its incomplete legal system, which includes the lack of an independent judiciary, and adjudication is not free from interference from the executive branch. In addition, there is evidence of financial repression whereby legal and institutional constraints impede the development of financial intermediaries, thereby retarding the development of the financial sector. In China, this is manifested insofar as the rules favour state-owned enterprises (SOEs) despite three decades of reform. SOEs still dominate credit allocation, such that the majority of private small- and medium-sized enterprises (SMEs) obtain no bank financing even in 2006 (Lin 2007). This chapter investigates the impact of lagging financial and legal systems on private sector development and complements the previous one.Less
The rapid rise of the entrepreneurial private sector in China is one of the key reasons for the success of its transition from a centrally planned economy toward becoming a market-oriented one since the late 1970s, which was explored in part in the last chapter. At the same time, China is a country known for its incomplete legal system, which includes the lack of an independent judiciary, and adjudication is not free from interference from the executive branch. In addition, there is evidence of financial repression whereby legal and institutional constraints impede the development of financial intermediaries, thereby retarding the development of the financial sector. In China, this is manifested insofar as the rules favour state-owned enterprises (SOEs) despite three decades of reform. SOEs still dominate credit allocation, such that the majority of private small- and medium-sized enterprises (SMEs) obtain no bank financing even in 2006 (Lin 2007). This chapter investigates the impact of lagging financial and legal systems on private sector development and complements the previous one.
Catherine Appleton
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780199582716
- eISBN:
- 9780191702341
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199582716.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book explores one of the most contentious and sensitive topics in criminal justice: the release and resettlement of life-sentenced offenders. The book provides an analysis of the post-prison ...
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This book explores one of the most contentious and sensitive topics in criminal justice: the release and resettlement of life-sentenced offenders. The book provides an analysis of the post-prison experiences of 138 discretionary life-sentenced offenders, all of whom were released from prison across England and Wales during the mid-1990s. Using accessible data the book examines key legal developments within the criminal justice system for discretionary life-sentenced offenders, explores the frontline experiences of criminal justice practitioners charged with the responsibility of supervising life-sentenced offenders, and analyses the ‘stories’ or life narratives of a group of individuals who have committed some of the most serious crimes. The book examines the process of recall for life-sentenced prisoners and explores key factors associated with failure in the community. The book offers an insight into how societies respond to serious crimes and identifies important elements of successful reintegration for released life-sentenced offenders.Less
This book explores one of the most contentious and sensitive topics in criminal justice: the release and resettlement of life-sentenced offenders. The book provides an analysis of the post-prison experiences of 138 discretionary life-sentenced offenders, all of whom were released from prison across England and Wales during the mid-1990s. Using accessible data the book examines key legal developments within the criminal justice system for discretionary life-sentenced offenders, explores the frontline experiences of criminal justice practitioners charged with the responsibility of supervising life-sentenced offenders, and analyses the ‘stories’ or life narratives of a group of individuals who have committed some of the most serious crimes. The book examines the process of recall for life-sentenced prisoners and explores key factors associated with failure in the community. The book offers an insight into how societies respond to serious crimes and identifies important elements of successful reintegration for released life-sentenced offenders.
Guido Rossi (ed.)
- Published in print:
- 2021
- Published Online:
- May 2022
- ISBN:
- 9781474451000
- eISBN:
- 9781474495714
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474451000.001.0001
- Subject:
- Law, Legal History
This volume looks at the influence of the decisions of law courts on the development of the substantive law across Europe in the early modern period. Did law courts contribute to the development of ...
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This volume looks at the influence of the decisions of law courts on the development of the substantive law across Europe in the early modern period. Did law courts contribute to the development of the law? Were their decisions considered to be authoritative even beyond the specific cases on which they were rendered? If so, was such authority given by the pronouncement of the court itself or by its wide use and circulation among both legal practitioners and judges?
These difficult questions, typically ducked by scholars, lie at the core of this book, which seeks to provide a critical and stimulating overview of the role of early modern law courts in the complex transition from the late Middle Ages to the modern period.Less
This volume looks at the influence of the decisions of law courts on the development of the substantive law across Europe in the early modern period. Did law courts contribute to the development of the law? Were their decisions considered to be authoritative even beyond the specific cases on which they were rendered? If so, was such authority given by the pronouncement of the court itself or by its wide use and circulation among both legal practitioners and judges?
These difficult questions, typically ducked by scholars, lie at the core of this book, which seeks to provide a critical and stimulating overview of the role of early modern law courts in the complex transition from the late Middle Ages to the modern period.
Jane Mcadam
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199587087
- eISBN:
- 9780191738494
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199587087.003.0002
- Subject:
- Law, Public International Law
There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of ...
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There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of academic inquiry and a subject of legal and policy development. This chapter does not rehearse the debates on this issue, but rather synthesizes contemporary approaches and explain why the ‘lens’ through which the phenomenon is viewed can dramatically change the way it is perceived and regulated. Conceptualization is therefore key to presenting the ‘issue’ to be tackled, and devising appropriate policy responses to address it. The chapter draws on fieldwork undertaken in three countries which have become synonymous with the notion of climate change-related displacement in Kiribati, Tuvalu, and Bangladesh.Less
There is now a considerable amount of literature about how the phenomenon of the climate change-related movement should be ‘conceptualized’ — that is, how it should be understood as an area of academic inquiry and a subject of legal and policy development. This chapter does not rehearse the debates on this issue, but rather synthesizes contemporary approaches and explain why the ‘lens’ through which the phenomenon is viewed can dramatically change the way it is perceived and regulated. Conceptualization is therefore key to presenting the ‘issue’ to be tackled, and devising appropriate policy responses to address it. The chapter draws on fieldwork undertaken in three countries which have become synonymous with the notion of climate change-related displacement in Kiribati, Tuvalu, and Bangladesh.
Tom R. Tyler and Rick Trinkner
- Published in print:
- 2018
- Published Online:
- July 2017
- ISBN:
- 9780190644147
- eISBN:
- 9780190644178
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190644147.003.0005
- Subject:
- Sociology, Law, Crime and Deviance, Social Psychology and Interaction
The cognitive developmental model of legal socialization is discussed in chapter 5. This approach emphasizes the development of legal reasoning and focuses on how such thinking shapes legal judgments ...
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The cognitive developmental model of legal socialization is discussed in chapter 5. This approach emphasizes the development of legal reasoning and focuses on how such thinking shapes legal judgments about the purpose of laws, how legal authority should be used, and whether people should feel obligated to obey legal institutions. Basically, legal reasoning provides a framework to understand the nature of society and the requirements of social order, leading to judgments about the legitimacy of the law. Building on Kohlberg’s work in moral development, the legal reasoning perspective argues that people develop increasingly abstract and sophisticated models of the relationship between society and the law with respect to the position and duties of the law and the responsibilities and obligations of citizens. This provides a basis for understanding when to follow appropriate laws and when to violate laws viewed as unjust or unprincipled.Less
The cognitive developmental model of legal socialization is discussed in chapter 5. This approach emphasizes the development of legal reasoning and focuses on how such thinking shapes legal judgments about the purpose of laws, how legal authority should be used, and whether people should feel obligated to obey legal institutions. Basically, legal reasoning provides a framework to understand the nature of society and the requirements of social order, leading to judgments about the legitimacy of the law. Building on Kohlberg’s work in moral development, the legal reasoning perspective argues that people develop increasingly abstract and sophisticated models of the relationship between society and the law with respect to the position and duties of the law and the responsibilities and obligations of citizens. This provides a basis for understanding when to follow appropriate laws and when to violate laws viewed as unjust or unprincipled.
John Hudson
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206880
- eISBN:
- 9780191677359
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206880.001.0001
- Subject:
- History, British and Irish Medieval History
This is a new interpretation of the development of land law in England during the century after the Norman Conquest. Norman society was based on land and lordship, and the relative power of lord and ...
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This is a new interpretation of the development of land law in England during the century after the Norman Conquest. Norman society was based on land and lordship, and the relative power of lord and vassal was crucial to the control of the land. The book exploits a wealth of surviving charter and chronicle evidence in this analysis. This approach integrates social, political, administrative, and intellectual history. The book examines the uses to which lords and vassals put their lands, the relationship between them, and the constraints upon them. It traces the increasing sophistication of law and the changes in royal reassessment of legal developments in the 11th and 12th centuries.Less
This is a new interpretation of the development of land law in England during the century after the Norman Conquest. Norman society was based on land and lordship, and the relative power of lord and vassal was crucial to the control of the land. The book exploits a wealth of surviving charter and chronicle evidence in this analysis. This approach integrates social, political, administrative, and intellectual history. The book examines the uses to which lords and vassals put their lands, the relationship between them, and the constraints upon them. It traces the increasing sophistication of law and the changes in royal reassessment of legal developments in the 11th and 12th centuries.
Neil Walker (ed.)
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199274659
- eISBN:
- 9780191699771
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274659.001.0001
- Subject:
- Law, EU Law
This volume explores the main areas of legal development under the so-called ‘Area of Freedom, Security, and Justice’ (AFSJ), which was introduced into European law under the Treaty of Amsterdam of ...
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This volume explores the main areas of legal development under the so-called ‘Area of Freedom, Security, and Justice’ (AFSJ), which was introduced into European law under the Treaty of Amsterdam of 1997. It examines the main subject matter of the new AFSJ: migration, family reunion, asylum, police co-operation, and co-operation in matters of criminal law and criminal procedure, and brings together two main areas of the AFSJ: the law of migration and the police and criminal justice. It includes discussion of the future of the AFSJ against the background of the current drafting of a first Constitution for the European Union. The book is of particular interest in the light of matters of internal security following September 11th.Less
This volume explores the main areas of legal development under the so-called ‘Area of Freedom, Security, and Justice’ (AFSJ), which was introduced into European law under the Treaty of Amsterdam of 1997. It examines the main subject matter of the new AFSJ: migration, family reunion, asylum, police co-operation, and co-operation in matters of criminal law and criminal procedure, and brings together two main areas of the AFSJ: the law of migration and the police and criminal justice. It includes discussion of the future of the AFSJ against the background of the current drafting of a first Constitution for the European Union. The book is of particular interest in the light of matters of internal security following September 11th.
Christian J Tams
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199653218
- eISBN:
- 9780191747922
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199653218.003.0016
- Subject:
- Law, Public International Law, Legal Profession and Ethics
This chapter summarizes and synthesizes the main findings of the preceding chapters and spells out a number of propositions about the ICJ's role in the process of legal development. The broader ...
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This chapter summarizes and synthesizes the main findings of the preceding chapters and spells out a number of propositions about the ICJ's role in the process of legal development. The broader argument emerging from the discussion is that the Court's role as a law-formative agency depends less on factors internal to its jurisprudence than on external variables: whether or not it wants to, the Court is influential where it is being provided with an opportunity regularly to pronounce on a particular area of law, where its pronouncements concern areas of law open to judicial development, and where it faces little or no competition by other agencies of legal development.Less
This chapter summarizes and synthesizes the main findings of the preceding chapters and spells out a number of propositions about the ICJ's role in the process of legal development. The broader argument emerging from the discussion is that the Court's role as a law-formative agency depends less on factors internal to its jurisprudence than on external variables: whether or not it wants to, the Court is influential where it is being provided with an opportunity regularly to pronounce on a particular area of law, where its pronouncements concern areas of law open to judicial development, and where it faces little or no competition by other agencies of legal development.
Jo Wilding
- Published in print:
- 2021
- Published Online:
- May 2022
- ISBN:
- 9781447358497
- eISBN:
- 9781447358534
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447358497.003.0002
- Subject:
- Law, Human Rights and Immigration
The book argues for a whole system approach, and this chapter develops a picture of the interwoven historical developments of legal aid, immigration law and policy, and the immigration legal ...
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The book argues for a whole system approach, and this chapter develops a picture of the interwoven historical developments of legal aid, immigration law and policy, and the immigration legal profession. It draws on public services and marketisation and behavioural economics literature to understand the market phases in legal aid, from 1948 to 2020. Four key themes are set out for the book, around hostility as a driver of immigration and legal aid policy; the distinction between ‘humans’ and ‘econs’ (Thaler and Sunstein) in their responses to economic incentives; the need for a whole-system approach; and the existence of policy debris from abandoned policy directions.Less
The book argues for a whole system approach, and this chapter develops a picture of the interwoven historical developments of legal aid, immigration law and policy, and the immigration legal profession. It draws on public services and marketisation and behavioural economics literature to understand the market phases in legal aid, from 1948 to 2020. Four key themes are set out for the book, around hostility as a driver of immigration and legal aid policy; the distinction between ‘humans’ and ‘econs’ (Thaler and Sunstein) in their responses to economic incentives; the need for a whole-system approach; and the existence of policy debris from abandoned policy directions.
Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199288489
- eISBN:
- 9780191700514
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288489.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter provides an overview of Mexican history, emphasizing the ways in which historical events have influenced the development of Mexican law. It begins with an examination of the indigenous ...
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This chapter provides an overview of Mexican history, emphasizing the ways in which historical events have influenced the development of Mexican law. It begins with an examination of the indigenous cultures that preceded Spanish rule. It then describes the legacy of Spanish colonial rule on Mexican law and legal institutions. Finally, it discusses Mexican independence, which was dominated by certain themes that influenced the political and legal development of Mexico, and which were carried forward into the 20th century.Less
This chapter provides an overview of Mexican history, emphasizing the ways in which historical events have influenced the development of Mexican law. It begins with an examination of the indigenous cultures that preceded Spanish rule. It then describes the legacy of Spanish colonial rule on Mexican law and legal institutions. Finally, it discusses Mexican independence, which was dominated by certain themes that influenced the political and legal development of Mexico, and which were carried forward into the 20th century.
Gleider I Hernández
- Published in print:
- 2014
- Published Online:
- August 2014
- ISBN:
- 9780199646630
- eISBN:
- 9780191747854
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199646630.003.0006
- Subject:
- Law, Public International Law, Legal Profession and Ethics
Using as a starting-point the series of cases involving Yugoslavia throughout the 1990s–2000s, this Chapter examines the Court's public declaration that it will adhere to a relatively strict rule of ...
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Using as a starting-point the series of cases involving Yugoslavia throughout the 1990s–2000s, this Chapter examines the Court's public declaration that it will adhere to a relatively strict rule of precedent. Examining critically the role and function of a rule of precedent within an organized legal system, this Chapter argues that adherence to its previous judgments by the Court represents both a claim to normative authority by the Court, in that its decisions are viewed as persuasive and rational statements of the law, and a systemic claim to safeguard the coherence of international law. The latter question is of particularly heightened importance in relation to the development of the international legal order.Less
Using as a starting-point the series of cases involving Yugoslavia throughout the 1990s–2000s, this Chapter examines the Court's public declaration that it will adhere to a relatively strict rule of precedent. Examining critically the role and function of a rule of precedent within an organized legal system, this Chapter argues that adherence to its previous judgments by the Court represents both a claim to normative authority by the Court, in that its decisions are viewed as persuasive and rational statements of the law, and a systemic claim to safeguard the coherence of international law. The latter question is of particularly heightened importance in relation to the development of the international legal order.
- Published in print:
- 2002
- Published Online:
- March 2013
- ISBN:
- 9780226520315
- eISBN:
- 9780226520339
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226520339.003.0001
- Subject:
- Law, Family Law
The idea of providing rights to same-sex couples in general, and the prospect of opening up the institution of marriage to gay men and lesbians in particular, have instigated intense public debate in ...
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The idea of providing rights to same-sex couples in general, and the prospect of opening up the institution of marriage to gay men and lesbians in particular, have instigated intense public debate in many Western countries. National courts and legislatures, as well as some international organizations, have been faced with the demands of gays for equality in terms of the rights, benefits, and protections that flow from marriage. The current progress in these directions is among the most interesting and significant legal developments in recent times. Beyond that, this process has highly significant implications for social change: it raises issues of equality between the sexes and reflects on common conceptions of gender roles. A comparative examination of the different models for the recognition of same-sex partnerships has not been conducted to date. This book thus sheds new light on the current same-sex-marriage debate in the United States and Europe.Less
The idea of providing rights to same-sex couples in general, and the prospect of opening up the institution of marriage to gay men and lesbians in particular, have instigated intense public debate in many Western countries. National courts and legislatures, as well as some international organizations, have been faced with the demands of gays for equality in terms of the rights, benefits, and protections that flow from marriage. The current progress in these directions is among the most interesting and significant legal developments in recent times. Beyond that, this process has highly significant implications for social change: it raises issues of equality between the sexes and reflects on common conceptions of gender roles. A comparative examination of the different models for the recognition of same-sex partnerships has not been conducted to date. This book thus sheds new light on the current same-sex-marriage debate in the United States and Europe.
Gregory Messenger
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780198716464
- eISBN:
- 9780191785061
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198716464.003.0004
- Subject:
- Law, Public International Law, Company and Commercial Law
This chapter examines the development of the law on safeguard measures at the WTO. It presents a multi-causal account of how the law has developed—identifying the plurality of actors involved. The ...
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This chapter examines the development of the law on safeguard measures at the WTO. It presents a multi-causal account of how the law has developed—identifying the plurality of actors involved. The chapter first introduces safeguard measures and identifies the values that underpin their use and regulation. By drawing attention to the underlying contestations in safeguards law it examines the way in which US debates over safeguards have shaped their formulation at the international level. The chapter then traces the development of a specific requirement under safeguards law, the ‘unforeseen developments’ clause, and examines how its application has changed over the years, across jurisdictional boundaries. Taking a wider view of how safeguards are regulated, the chapter concludes by identifying certain recent trends in safeguards practice and questioning their importance for how we understand WTO law.Less
This chapter examines the development of the law on safeguard measures at the WTO. It presents a multi-causal account of how the law has developed—identifying the plurality of actors involved. The chapter first introduces safeguard measures and identifies the values that underpin their use and regulation. By drawing attention to the underlying contestations in safeguards law it examines the way in which US debates over safeguards have shaped their formulation at the international level. The chapter then traces the development of a specific requirement under safeguards law, the ‘unforeseen developments’ clause, and examines how its application has changed over the years, across jurisdictional boundaries. Taking a wider view of how safeguards are regulated, the chapter concludes by identifying certain recent trends in safeguards practice and questioning their importance for how we understand WTO law.
Jedidiah J. Kroncke
- Published in print:
- 2016
- Published Online:
- January 2016
- ISBN:
- 9780190233525
- eISBN:
- 9780190233549
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190233525.001.0001
- Subject:
- Political Science, International Relations and Politics
This book uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today. Moving ever further away from the Founders’ openness to ...
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This book uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today. Moving ever further away from the Founders’ openness to learning from Chinese law, over two centuries the Sino-American relationship reflected and shaped this decline–transformed by ideas from the American missionary movement during the late 19th century. The missionary ethos presented American legal internationalism as acolonial and humanitarian, and this view infused the new professional ideology of American law at the turn of the 20th century. Missionaries presented the Chinese Republic of 1911 as ready to accept Americanization, an idea that was disseminated broadly in American popular culture and penetrated the institutions of American internationalism. After World War II, the missionary ethos became progressively secularized, fueling claims that American law was uniquely expressive of American values and could at as a universal catalyst for foreign legal development. This shift transformed legal comparativists from central figures in American domestic legal reform into unsuccessful foreign legal reformers, what today is commonly called “law and development.” The centrality of Sino-American relations in these developments was obscured in 1949 after the victory of the Chinese Communist Party. In the midst of the Cold War, American anti-cosmopolitanism was normalized as patriotic legal humanitarianism, a process that left American legal culture stultified by an abandonment of comparative legal practice and America’s foreign policy grounded in warped understandings of foreign legal developments—a glaring liability in the competitive dynamics of a multi-polar 21st century.Less
This book uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today. Moving ever further away from the Founders’ openness to learning from Chinese law, over two centuries the Sino-American relationship reflected and shaped this decline–transformed by ideas from the American missionary movement during the late 19th century. The missionary ethos presented American legal internationalism as acolonial and humanitarian, and this view infused the new professional ideology of American law at the turn of the 20th century. Missionaries presented the Chinese Republic of 1911 as ready to accept Americanization, an idea that was disseminated broadly in American popular culture and penetrated the institutions of American internationalism. After World War II, the missionary ethos became progressively secularized, fueling claims that American law was uniquely expressive of American values and could at as a universal catalyst for foreign legal development. This shift transformed legal comparativists from central figures in American domestic legal reform into unsuccessful foreign legal reformers, what today is commonly called “law and development.” The centrality of Sino-American relations in these developments was obscured in 1949 after the victory of the Chinese Communist Party. In the midst of the Cold War, American anti-cosmopolitanism was normalized as patriotic legal humanitarianism, a process that left American legal culture stultified by an abandonment of comparative legal practice and America’s foreign policy grounded in warped understandings of foreign legal developments—a glaring liability in the competitive dynamics of a multi-polar 21st century.
Arskal Salim
- Published in print:
- 2008
- Published Online:
- November 2016
- ISBN:
- 9780824832377
- eISBN:
- 9780824868963
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824832377.003.0009
- Subject:
- Religion, Religious Studies
This chapter describes how the Ottoman millet system was reintroduced in an Indonesian context. It contends that the Ministry of Religious Affairs (MORA) in Indonesia appears to be a replica of this ...
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This chapter describes how the Ottoman millet system was reintroduced in an Indonesian context. It contends that the Ministry of Religious Affairs (MORA) in Indonesia appears to be a replica of this system. The MORA has not only helped reinforce national legal development by eliminating the remnants of the Dutch colonial legal structure that was based mostly on racial or ethnic groups, but has actually initiated attempts to develop a new legal system that differentiates citizens based on their religions. Extracting some functions related to Islam from other departments, such as the religious courts, education, and information services, the MORA rode the paradigm of nation-state to transform the Ottoman millet system into its new Indonesian version.Less
This chapter describes how the Ottoman millet system was reintroduced in an Indonesian context. It contends that the Ministry of Religious Affairs (MORA) in Indonesia appears to be a replica of this system. The MORA has not only helped reinforce national legal development by eliminating the remnants of the Dutch colonial legal structure that was based mostly on racial or ethnic groups, but has actually initiated attempts to develop a new legal system that differentiates citizens based on their religions. Extracting some functions related to Islam from other departments, such as the religious courts, education, and information services, the MORA rode the paradigm of nation-state to transform the Ottoman millet system into its new Indonesian version.
