James R. Hackney
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814737071
- eISBN:
- 9780814745434
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814737071.001.0001
- Subject:
- Law, Legal History
This book invites readers to enter the minds of ten legal experts that in the late 20th century changed the way we understand and use theory in law today. The author spent hours in conversation with ...
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This book invites readers to enter the minds of ten legal experts that in the late 20th century changed the way we understand and use theory in law today. The author spent hours in conversation with legal intellectuals, interviewing them about their early lives as thinkers and scholars, their contributions to American legal theory, and their thoughts regarding some fundamental theoretical questions in legal academe, particularly the law/politics debate. The book “humanizes key ideas in legal theory by placing them in the context of individual biography, historical events, and the sometimes fraught social relationships in the legal academy. ” It “offers new insight into some of the most important debates in legal theory ”.Less
This book invites readers to enter the minds of ten legal experts that in the late 20th century changed the way we understand and use theory in law today. The author spent hours in conversation with legal intellectuals, interviewing them about their early lives as thinkers and scholars, their contributions to American legal theory, and their thoughts regarding some fundamental theoretical questions in legal academe, particularly the law/politics debate. The book “humanizes key ideas in legal theory by placing them in the context of individual biography, historical events, and the sometimes fraught social relationships in the legal academy. ” It “offers new insight into some of the most important debates in legal theory ”.
Kimberley Czajkowski
- Published in print:
- 2017
- Published Online:
- January 2017
- ISBN:
- 9780198777335
- eISBN:
- 9780191823053
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198777335.003.0004
- Subject:
- Classical Studies, World History: BCE to 500CE
This chapter examines the likelihood of legal experts being present in the province and how these may have been utilized by the parties. The broader evidence for such legal experts in the Roman ...
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This chapter examines the likelihood of legal experts being present in the province and how these may have been utilized by the parties. The broader evidence for such legal experts in the Roman Empire is briefly set out, and it is then argued that the strongest evidence for the influence of some kind of legal practitioners in Roman Arabia lies in the presence of P. Yadin 28–30 (an actio tutelae) in the Babatha archive. While the papyri’s relationship to the guardianship dispute that is attested by other documents in the archive is extremely problematic, it is suggested that the documents are still extremely valuable in their attestation of some level of (Roman) legal knowledge in the new province. Exactly how these three papyri may have been procured and used by Babatha is also considered at length.Less
This chapter examines the likelihood of legal experts being present in the province and how these may have been utilized by the parties. The broader evidence for such legal experts in the Roman Empire is briefly set out, and it is then argued that the strongest evidence for the influence of some kind of legal practitioners in Roman Arabia lies in the presence of P. Yadin 28–30 (an actio tutelae) in the Babatha archive. While the papyri’s relationship to the guardianship dispute that is attested by other documents in the archive is extremely problematic, it is suggested that the documents are still extremely valuable in their attestation of some level of (Roman) legal knowledge in the new province. Exactly how these three papyri may have been procured and used by Babatha is also considered at length.
Paul Brand
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199664269
- eISBN:
- 9780191744686
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199664269.003.0007
- Subject:
- Law, Comparative Law, Legal History
This chapter focuses on a number of aspects of the English common law during a period of just over a century between its initial creation and the first decade of the fourteenth century: the ...
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This chapter focuses on a number of aspects of the English common law during a period of just over a century between its initial creation and the first decade of the fourteenth century: the intentions of those who created and developed this national legal system; the jurisdiction claimed and exercised by the new royal courts and the rules and legal concepts these courts developed and applied in doing so; the functions of legal experts (royal justices and lawyers) in the operation of the courts and in developing and applying the rules of the common law; and what can be known or deduced of the attitudes of laymen towards this law.Less
This chapter focuses on a number of aspects of the English common law during a period of just over a century between its initial creation and the first decade of the fourteenth century: the intentions of those who created and developed this national legal system; the jurisdiction claimed and exercised by the new royal courts and the rules and legal concepts these courts developed and applied in doing so; the functions of legal experts (royal justices and lawyers) in the operation of the courts and in developing and applying the rules of the common law; and what can be known or deduced of the attitudes of laymen towards this law.
Maria Ågren
- Published in print:
- 2009
- Published Online:
- July 2014
- ISBN:
- 9780807833209
- eISBN:
- 9781469604589
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807898451_agren.10
- Subject:
- Law, Legal History
This chapter focuses on a lawyer's advice to a couple in response to their query submitted to a major Swedish newspaper in 2007. The lawyer advised the couple to write a will to the effect that when ...
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This chapter focuses on a lawyer's advice to a couple in response to their query submitted to a major Swedish newspaper in 2007. The lawyer advised the couple to write a will to the effect that when they were both dead, their property would become their child's separate property. The ultimate aim of the proposed will was unmistakable: to make sure that their child's spouse would not become part owner of the property. This small and inconspicuous feature succinctly sums up some of the continuities and ruptures in the story of marital property law in Sweden. On the one hand, it shows that today, just as in the Middle Ages, legal experts take for granted that parents are hesitant about letting their property come into the hands of sons-in-law and daughters-in-law. On the other hand, the response also makes very clear that modern marital property law differs radically from the law that existed in the medieval and early modern periods.Less
This chapter focuses on a lawyer's advice to a couple in response to their query submitted to a major Swedish newspaper in 2007. The lawyer advised the couple to write a will to the effect that when they were both dead, their property would become their child's separate property. The ultimate aim of the proposed will was unmistakable: to make sure that their child's spouse would not become part owner of the property. This small and inconspicuous feature succinctly sums up some of the continuities and ruptures in the story of marital property law in Sweden. On the one hand, it shows that today, just as in the Middle Ages, legal experts take for granted that parents are hesitant about letting their property come into the hands of sons-in-law and daughters-in-law. On the other hand, the response also makes very clear that modern marital property law differs radically from the law that existed in the medieval and early modern periods.
Carlos E. Alchourrón
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780198729365
- eISBN:
- 9780191796272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198729365.003.0017
- Subject:
- Law, Philosophy of Law
This chapter presents a response to Neil MacCormick’s paper, which analysed the nature of legal reasoning and the possibility of developing legal expert systems. It attempts to restate some of the ...
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This chapter presents a response to Neil MacCormick’s paper, which analysed the nature of legal reasoning and the possibility of developing legal expert systems. It attempts to restate some of the problems raised in the paper in more precise terms. As a result of this reformulation, certain disagreements will no doubt come to light. The chapter presents an account that differs from MacCormick’s on issues such as the characterization of subsumptive reasoning; the role of truth and truth-determining procedures in law; the character of evaluative and interpretative statements; the nature of the normative premises involved in legal reasoning; and the kind of logic that one needs for its reconstruction.Less
This chapter presents a response to Neil MacCormick’s paper, which analysed the nature of legal reasoning and the possibility of developing legal expert systems. It attempts to restate some of the problems raised in the paper in more precise terms. As a result of this reformulation, certain disagreements will no doubt come to light. The chapter presents an account that differs from MacCormick’s on issues such as the characterization of subsumptive reasoning; the role of truth and truth-determining procedures in law; the character of evaluative and interpretative statements; the nature of the normative premises involved in legal reasoning; and the kind of logic that one needs for its reconstruction.
Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198795582
- eISBN:
- 9780191836909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795582.003.0002
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter elaborates our authority framework, explaining how we measure narrow, intermediate, and extensive authority, and then identifies a range of institutional, social, and political factors ...
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This chapter elaborates our authority framework, explaining how we measure narrow, intermediate, and extensive authority, and then identifies a range of institutional, social, and political factors that shape the authority of international courts. Institution-specific context captures features that are distinctive to a particular IC, such as its design and subject matter mandate. These features vary across courts, but there may also vary within a single IC over time or across issue areas. Constituencies context analyzes issues related to IC interlocutors, including government officials, judges, attorneys, legal experts, and civil society groups. Political context, considers how political dynamics at global, regional and local levels affect IC authority. We conclude by considering the difference between IC authority and power.Less
This chapter elaborates our authority framework, explaining how we measure narrow, intermediate, and extensive authority, and then identifies a range of institutional, social, and political factors that shape the authority of international courts. Institution-specific context captures features that are distinctive to a particular IC, such as its design and subject matter mandate. These features vary across courts, but there may also vary within a single IC over time or across issue areas. Constituencies context analyzes issues related to IC interlocutors, including government officials, judges, attorneys, legal experts, and civil society groups. Political context, considers how political dynamics at global, regional and local levels affect IC authority. We conclude by considering the difference between IC authority and power.
James R. Hackney
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814737071
- eISBN:
- 9780814745434
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814737071.003.0001
- Subject:
- Law, Legal History
This introductory chapter explains the rationale behind the present volume, which features a collection of interviews that offer a firsthand account of the movements, personalities, and ideas that ...
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This introductory chapter explains the rationale behind the present volume, which features a collection of interviews that offer a firsthand account of the movements, personalities, and ideas that animated the author's time at Yale Law School and the legal academy in general during the 1980s, through the lens of some of the era's major figures. This particular decade was chosen because it was an extraordinary period in American legal theory. There were movements formed and intellectual battles waged; there were not only paradigm shifts, but also paradigm proliferation and disintegration. Importantly, this period marked the shift in the legal academy from a largely doctrinally focused enterprise, to an arena in which high-level theoretical and interdisciplinary work thrives. The remainder of the chapter provides an overview of the topics covered during the interviews.Less
This introductory chapter explains the rationale behind the present volume, which features a collection of interviews that offer a firsthand account of the movements, personalities, and ideas that animated the author's time at Yale Law School and the legal academy in general during the 1980s, through the lens of some of the era's major figures. This particular decade was chosen because it was an extraordinary period in American legal theory. There were movements formed and intellectual battles waged; there were not only paradigm shifts, but also paradigm proliferation and disintegration. Importantly, this period marked the shift in the legal academy from a largely doctrinally focused enterprise, to an arena in which high-level theoretical and interdisciplinary work thrives. The remainder of the chapter provides an overview of the topics covered during the interviews.
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804758765
- eISBN:
- 9780804786836
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804758765.003.0008
- Subject:
- History, Latin American History
This chapter focuses on Emilio Rabasa' final years until his death on 25 April 1930. Although virtually blind, Rabasa published several articles in Excelsior in the year before his death. His final ...
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This chapter focuses on Emilio Rabasa' final years until his death on 25 April 1930. Although virtually blind, Rabasa published several articles in Excelsior in the year before his death. His final articles, “El Desprestigio de la vicepresidencia,” appeared on the third and fourth of that month. Although he probably had given up his work as a lawyer by 1925, he continued to teach constitutional law at the Escuela Libre de Derecho at least through 1928, as well as acting as rector of the institution at the time of his death. The chapter also considers Rabasa's political ideas, which were based on the transformed liberalism of the late nineteenth century, consisting of scientific politics, derived from positivism, and historical constitutionalism, also of European origin but thoroughly rooted in earlier Mexican history. Both strands of transformed liberalism emerged with the first term of Porfirio Díaz in 1878 and came together in the program of the National Liberal Union in 1892, followed by the great debate of 1893 over reforms to the Constitution.Less
This chapter focuses on Emilio Rabasa' final years until his death on 25 April 1930. Although virtually blind, Rabasa published several articles in Excelsior in the year before his death. His final articles, “El Desprestigio de la vicepresidencia,” appeared on the third and fourth of that month. Although he probably had given up his work as a lawyer by 1925, he continued to teach constitutional law at the Escuela Libre de Derecho at least through 1928, as well as acting as rector of the institution at the time of his death. The chapter also considers Rabasa's political ideas, which were based on the transformed liberalism of the late nineteenth century, consisting of scientific politics, derived from positivism, and historical constitutionalism, also of European origin but thoroughly rooted in earlier Mexican history. Both strands of transformed liberalism emerged with the first term of Porfirio Díaz in 1878 and came together in the program of the National Liberal Union in 1892, followed by the great debate of 1893 over reforms to the Constitution.
