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Conclusion

Robin Feldman

in The Role of Science in Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195368581
eISBN:
9780199867455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368581.003.0009
Subject:
Law, Criminal Law and Criminology

This chapter presents some concluding thoughts from the author. It argues that perpetual forays to find better law through science are incapable of solving law's frustrations, but they do create ... More


Judicial Path-Dependence and Legal Change *

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter considers the dynamic process of case selection and its role in generating the different patterns of change of legal remedies in various areas of the law. It examines the importance of ... More


Litigation and the Evolution of Legal Remedies *

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter considers an often-overlooked ingredient of the creation of legal precedents and revisits the role of litigation in the evolution of judge-made law. It addresses one important ... More


Codifying Womanhood: The Nineteenth-Century Action for Breach of Promise of Marriage as the Legal Expression of the Ideal of True Womanhood

Saskia Lettmaier

in Broken Engagements: The Action for Breach of Promise of Marriage and the Feminine Ideal, 1800-1940

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199569977
eISBN:
9780191722066
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569977.003.0002
Subject:
Law, Legal History

This chapter represents a quest to find a unifying construct that would account for the idiosyncratic mixture of rules (a luxuriant blend of both contract and tort) that came to govern the ... More


Lawmaking through Agreement: An Introduction

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter presents an overview of Chapters 14 to 16. The chapters consider the role of treaties among the sources of law, with special attention to the rules governing their formation and process ... More


Toward Banishment: The Transformation of Urban Social Control

Katherine Beckett and Steve Herbert

in Banished: The New Social Control In Urban America

Published in print:
2009
Published Online:
May 2012
ISBN:
9780195395174
eISBN:
9780199943319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395174.003.0003
Subject:
Sociology, Law, Crime and Deviance

This chapter shows how the social control practices that involve banishment emerge from key political and legal dynamics. It first suggests that banishment emerged as a response to the Supreme ... More


Lawmaking through Adjudication: An Introduction

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter presents an overview of Chapters 6 to 8. These chapters consider some of the peculiar characteristics of lawmaking through adjudication. They address issues effecting legal evolution ... More


Lawmaking through Practice: An Introduction

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter presents an overview of Chapters 10 to 12. The chapters consider the process of formation and evolution of customary law. They discuss custom in the context of individuals acting within ... More


Conclusions

Francesco Parisi and Vincy Fon

in The Economics of Lawmaking

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.003.0017
Subject:
Law, Constitutional and Administrative Law

This concluding chapter presents a synthesis of discussions in the preceding chapters. The book considered four different methods of lawmaking: (1) lawmaking through legislation; (2) lawmaking ... More


Europe as a Civilisation and the Hidden Structure of Modernity

Toby E. Huff

in European Integration: Historical Trajectories, Geopolitical Contexts

Published in print:
2020
Published Online:
September 2020
ISBN:
9781474455893
eISBN:
9781474480604
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474455893.003.0002
Subject:
Political Science, Political Theory

The economic crisis of the EU in 2007-9 needs to be seen against the backdrop of Europe as a civilisational entity. It has withstood the challenges of hundreds of years, including religious ... More


Rationality and Law

Peter Ghosh

in Max Weber and The Protestant Ethic: Twin Histories

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198702528
eISBN:
9780191772214
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198702528.003.0007
Subject:
History, European Early Modern History, History of Ideas

This chapter examines the importance of rationality to the PE. It argues that the historical thesis of Part II of the text is an assertion of the link between asceticism and rational conduct, where ... More


Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Giuseppe Dari-Mattiacci and Dennis P. Kehoe (eds)

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.001.0001
Subject:
Classical Studies, European History: BCE to 500CE

Rome is the only western society that autonomously grew a legal profession distinct from the political and religious power. Roman legal thought and the institutions that it generated have had and ... More


Roman Law and Economics: Institutions and Organizations Volume I

Giuseppe Dari-Mattiacci and Dennis P. Kehoe (eds)

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787204
eISBN:
9780191829284
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787204.001.0001
Subject:
Classical Studies, European History: BCE to 500CE

Rome is the only western society that autonomously grew a legal profession distinct from the political and religious power. Roman legal thought and the institutions that it generated have had and ... More


International Law as Science. Scott’s Historical Case for Adjudication and the Fight against Collective Security

Paolo Amorosa

in Rewriting the History of the Law of Nations: How James Brown Scott Made Francisco de Vitoria the Founder of International Law

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198849377
eISBN:
9780191883491
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198849377.003.0005
Subject:
Law, Public International Law

The third chapter revolves around the series of books on US constitutional history Scott published at the closing of the Great War. Therein, he fleshed out his case for the creation of an ... More


Extraterritoriality and Evolution in the 19th Century

Jedidiah J. Kroncke

in The Futility of Law and Development: China and the Dangers of Exporting American Law

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190233525
eISBN:
9780190233549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233525.003.0003
Subject:
Political Science, International Relations and Politics

Chapter 2 turns back to Europe to demonstrate the centrality of European missionaries in shaping the despotic image of Chinese law during the 19th century. These images influenced a range of classic ... More


Isaac Herzog before Palestine

Alexander Kaye

in The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel

Published in print:
2020
Published Online:
February 2020
ISBN:
9780190922740
eISBN:
9780190099954
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190922740.003.0003
Subject:
History, Middle East History

The creator and champion of the ideology of the halakhic state was Isaac Herzog, Israel’s first Ashkenazic Chief Rabbi. Prior to his arrival in Palestine in 1937, he was the Chief Rabbi of Ireland. ... More


The Functionalist Path towards a Constraining Legal Environment for Organized Civil Society: The UK

Nicole Bolleyer

in The State and Civil Society: Regulating Interest Groups, Parties, and Public Benefit Organizations in Contemporary Democracies

Published in print:
2018
Published Online:
December 2018
ISBN:
9780198758587
eISBN:
9780191818509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758587.003.0009
Subject:
Political Science, Comparative Politics

The UK represents the ‘functionalist path’ towards a constraining legal environment for voluntary organizations and contrasts strikingly with the Swedish scenario. Its long-term evolution has been ... More


Law-Making and Economic Change during the Republic and Early Empire

Luuk de Ligt

in Roman Law and Economics: Institutions and Organizations Volume I

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787204
eISBN:
9780191829284
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787204.003.0004
Subject:
Classical Studies, European History: BCE to 500CE

When the Law of the Twelve Tables was promulgated, the Roman economy was overwhelmingly agricultural. As social and economic conditions became more complicated, the formalistic law of early ... More


The Voluntarist Path towards a Permissive Legal Environment for Organized Civil Society: Sweden

Nicole Bolleyer

in The State and Civil Society: Regulating Interest Groups, Parties, and Public Benefit Organizations in Contemporary Democracies

Published in print:
2018
Published Online:
December 2018
ISBN:
9780198758587
eISBN:
9780191818509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758587.003.0008
Subject:
Political Science, Comparative Politics

In the last part of the study, ideal-typical representatives of three ‘sufficient paths’ identified by the QCA analysis were chosen for in-depth analysis. After explaining the case selection, this ... More


The Statist Path towards a Constraining Legal Environment for Organized Civil Society: France

Nicole Bolleyer

in The State and Civil Society: Regulating Interest Groups, Parties, and Public Benefit Organizations in Contemporary Democracies

Published in print:
2018
Published Online:
December 2018
ISBN:
9780198758587
eISBN:
9780191818509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198758587.003.0010
Subject:
Political Science, Comparative Politics

France represents the ‘statist path’ towards a constraining legal environment. While legal constraints on civil society actors were generally justifiable as a means to protect the state and to assure ... More


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