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Preface to a Critique of International Legal Ideology

SUSAN MARKS

in The Riddle of All Constitutions: International Law, Democracy, and the Critique of Ideology

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264131
eISBN:
9780191714870
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264131.003.0002
Subject:
Law, Philosophy of Law, Public International Law

This chapter begins by discussing the concept of ideology and indicates where this conception comes from and how it relates to other familiar notions of ideology. It then explains why, in light of ... More


Law, Ideology, and Power: The Marxist Tradition

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0006
Subject:
Law, Philosophy of Law

The writings of Karl Marx and Friedrich Engels on law posed problems which later Marxist theory has not resolved: How seriously is law to be taken as a focus of political concern and as a set of ... More


Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law

Brian Z. Tamanaha

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298250
eISBN:
9780191685392
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298250.001.0001
Subject:
Law, Philosophy of Law

Drawing on philosophical pragmatism, the author formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of ... More


Feasible Regulation for Democracy and Social Justice

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0012
Subject:
Law, Philosophy of Law

Law and state regulation — what can be collectively termed, following Karl Llewellyn, law-government — are being expected to do more and more to bring about major social changes and economic ... More


Legality and Legitimacy: The Sociology of Max Weber

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0007
Subject:
Law, Philosophy of Law

Max Weber's views on law are best understood in relation to his general analysis of types of political authority. Weber provided, amongst other elements of his political sociology, a conceptual ... More


Literature and Jurisdiction

Bradin Cormack

in A Power to Do Justice: Jurisdiction, English Literature, and the Rise of Common Law

Published in print:
2008
Published Online:
February 2013
ISBN:
9780226116242
eISBN:
9780226116259
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226116259.003.0002
Subject:
Literature, 16th-century and Renaissance Literature

This book shows how deeply engaged early modern literature was with the technical production of the legal order and defines the ways in which jurisdictional topics provoked a metacritical perspective ... More


Some Rule-of-Law Anxieties about Strict Liability in Private Law

John Gardner

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0010
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter discusses some objections to strict tort liability that treat such liability, or certain modes of such liability, as objectionable on rule-of-law grounds. The objections are found to be ... More


Beyond Monism and Dualism

Başak Çalı

in The Authority of International Law: Obedience, Respect, and Rebuttal

Published in print:
2015
Published Online:
November 2015
ISBN:
9780199685097
eISBN:
9780191765377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685097.003.0005
Subject:
Law, Public International Law, Philosophy of Law

Chapter 4 visits the relationship between international law and the domestic judicial organs of a state and argues that the monism and dualism framework fails to explain the dialectical relationship ... More


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