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The European Court and Integration

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0001
Subject:
Political Science, European Union

Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of ... More


An inter-institutional theory

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.004
Subject:
Law, Philosophy of Law

This chapter presents the elements of an “inter-institutional theory” of legality. It argues that the elements of legality can combine in different ways and at varying levels of intensity, which ... More


Institutional Theory

Alan D. Morrison and William J. Wilhelm Jr.

in Investment Banking: Institutions, Politics, and Law

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199296576
eISBN:
9780191712036
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296576.003.0002
Subject:
Economics and Finance, Financial Economics

This chapter discusses the importance of property rights in capitalist economies. It provides a general definition of property, and then discusses the institutions that enforce property rights. It ... More


Recognitional Legitimacy

Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.003.0006
Subject:
Political Science, Political Theory

Ch. 5 outlined an argument for a justice‐based general conception of what might be called internal political legitimacy: the conditions under which the exercise of political power within a political ... More


Introduction

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0001
Subject:
Economics and Finance, Economic History

This chapter considers what drives differences in political and legal institutions across countries, narrowing the focus to the evolution of legislatures and courts in the American states. The ... More


Institutions and Outcomes

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0007
Subject:
Economics and Finance, Economic History

This chapter summarizes this volume's main findings with respect to persistence and mechanisms, examines the effect of state political and legal institutions on per capita income, and discusses ... More


The New International Courts

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0003
Subject:
Political Science, International Relations and Politics

This chapter identifies a significant variation in which states have consented to compulsory international judicial oversight. The reach of international courts (ICs) and international law varies, ... More


Law as a Moral Idea

Nigel Simmonds

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199552191
eISBN:
9780191701597
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552191.001.0001
Subject:
Law, Philosophy of Law

This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from ... More


Not a System but an Order: An Inter-Institutional View of European Union Law *

Keith Culver and Michael Giudice

in Philosophical Foundations of European Union Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199588770
eISBN:
9780191741029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588770.003.0003
Subject:
Law, EU Law, Philosophy of Law

This chapter focuses on one of the most philosophically puzzling aspects of EU law and its relations with Member States' law: the various rival supremacy claims made by the legal institutions of ... More


British Justice, English Law, and Canadian Legal Culture

Philip Girard

in Canada and the British Empire

Published in print:
2010
Published Online:
October 2011
ISBN:
9780199563746
eISBN:
9780191701900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199563746.003.0014
Subject:
History, World Modern History

This chapter examines British justice, English law, and the Canadian legal culture. It clarifies that there is no such thing as British law and it was English law that was introduced in British North ... More


Justices and Company

Adrian Vermeule

in Law and the Limits of Reason

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the design of legal institutions, as opposed to the allocation of tasks across institutions whose design is taken as fixed. It argues that epistemic considerations call for ... More


Constructing the Cornerstone: The Role of Legal Tradition in Shaping State Policy toward International Law

Dana Zartner

in Courts, Codes, and Custom: Legal Tradition and State Policy toward International Human Rights and Environmental Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199362103
eISBN:
9780199362127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199362103.003.0002
Subject:
Political Science, Comparative Politics, International Relations and Politics

Chapter 2 explores in detail the novel cultural-institutional theory developed in this book. After a review of the literature on state compliance with international law in the fields of international ... More


Battered Women, Intimidation, and the Law

Sandra Bartky

in Women and Citizenship

Published in print:
2005
Published Online:
October 2005
ISBN:
9780195175349
eISBN:
9780199835775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195175344.003.0004
Subject:
Philosophy, Feminist Philosophy

Bartky explores some subtle features of legal institutions that obstruct women’s attempts to use the law to diminish domestic violence. To begin with, legal practice is embodied in buildings of ... More


Providing the Missing Link: Law after Latour’s Passage

Serge Gutwirth

in Latour and the Passage of Law

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748697908
eISBN:
9781474416061
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697908.003.0006
Subject:
Law, Philosophy of Law

A decisive philosophical intervention pitched at the level of law’s ontology, Gutwirth’s ‘Providing the Missing Link’ renders the difference between law as an institution or a body of norms and law ... More


Marxism and Law

Hugh Collins

Published in print:
1984
Published Online:
March 2012
ISBN:
9780192851444
eISBN:
9780191670534
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780192851444.001.0001
Subject:
Law, Philosophy of Law

In this introduction to Marxism and the law, this book presents a unified and coherent view of Marxism, which it uses to examine the specific characteristics of legal institutions, rules, and ideals. ... More


Postcolonial Politics and Personal Laws: Colonial Legal Legacies and the Indian State

Rina Verma Williams

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195680140
eISBN:
9780199081721
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195680140.001.0001
Subject:
Law, Family Law

This book explores the postcolonial state in India in a longitudinal perspective. It concentrates on the religious legal system of personal laws in India. These laws are a prime example of continuity ... More


The Legal World of Moroccan Jews

Jessica M. Marglin

in Across Legal Lines: Jews and Muslims in Modern Morocco

Published in print:
2016
Published Online:
May 2017
ISBN:
9780300218466
eISBN:
9780300225082
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300218466.003.0002
Subject:
History, African History

This chapter offers a topography of courts, notaries, and judicial officials, including both how they functioned and how they fit together. It describes how Jews in particular—as subordinate subjects ... More


Constitutionalism and the Limits of the Criminal Law

Malcolm Thorburn

in The Structures of the Criminal Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199644315
eISBN:
9780191732249
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644315.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter is concerned with the internal limiting principles of the criminal law. That is, rather than considering the external constraints that can be gleaned from constitutional law or from ... More


The Italian Legal System: An Introduction, Second Edition

Michael A. Livingston, Pier Giuseppe Montaneri, and Francesco Parisi

Published in print:
2015
Published Online:
May 2016
ISBN:
9780804774956
eISBN:
9780804796552
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804774956.001.0001
Subject:
Law, Comparative Law

This is the second edition of Cappelletti, Merryman, and Perillo, The Italian Legal System: An Introduction, published by SUP in 1965. The book provides not merely an overview of Italian law but also ... More


Mexican Law

Stephen Zamora, José Ramón Cossio, Leonel Pereznieto, Jose Roldan Xopa, Instituto Tecnologico Automomo de Mexico, Derece, Instituto Tecnologico Autonomo de Mexico, and David Lopez

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199288489
eISBN:
9780191700514
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288489.001.0001
Subject:
Law, Constitutional and Administrative Law

This book provides an overview of the Mexican legal system. It sets forth the basic rules and legal doctrines, surveys the key institutions that make and enforce the law in Mexico, and places them in ... More


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