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International Development Law: Substantive Principles

RUMU SARKAR

in International Development Law: Rule of Law, Human Rights, and Global Finance

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195398281
eISBN:
9780199866366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195398281.003.002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the new substantive principles of international development law with specific reference to: (1) parties (and the rights and privileges of different parties to the development ... More


The European Court and Integration

Alec Stone Sweet and Thomas Brunell

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0008
Subject:
Political Science, Comparative Politics

To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ... More


The Standard Picture and Its Discontents

Mark Greenberg

in Oxford Studies in Philosophy of Law: Volume 1

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606443
eISBN:
9780191729683
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606443.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter argues that there is a picture of how law works that most legal theorists are implicitly committed to and take to be common ground. This Standard Picture (SP, for short) is generally not ... More


Empowering: Conferring the Power to Posit and Apply Norms

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0026
Subject:
Law, Philosophy of Law

The normative function of empowering means: conferring on an individual the power to posit and apply norms. A moral norm empowers a father to issue commands binding on his child. A legal norm ... More


The Logical Structure of a Hypothetical Norm—The Relation of Condition and Consequence

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0060
Subject:
Law, Philosophy of Law

General norms are hypothetical, that is, they attach a generally specified consequence decreed to be obligatory to a generally specified condition. But individual norms can also be hypothetical. This ... More


The Pure Theory of Law and Interpretive Sociology—A Basis for Interdisciplinarity?

Hamish Ross

in Law and Sociology

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199282548
eISBN:
9780191700200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282548.003.0005
Subject:
Law, Philosophy of Law

This chapter addresses the prospects of the association between academic disciplines that have rarely been thought to be mutually compatible — on one hand the academic study of law (specifically, the ... More


Positive and Negative Regulation of Human Behaviour by Law—The Closure of the Legal Order: Gaps in the Law

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0031
Subject:
Law, Philosophy of Law

The normative legal functions were earlier said to be: commanding, permitting positively, and empowering a certain behaviour. But not the negative permitting of behaviour which is not the object of ... More


The Spatio-temporal Validity of Norms: Territorial and Temporal Spheres of Validity

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0036
Subject:
Law, Philosophy of Law

Since human behaviour, as well as its conditions and its effects, takes place in space and time, both the area and the time in which the states of affairs specified in the norm take place must be ... More


Defeasibility and Legality: A Survey *

Jordi Ferrer Beltrán and Giovanni Battista Ratti

in The Logic of Legal Requirements: Essays on Defeasibility

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199661640
eISBN:
9780191745461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661640.003.0002
Subject:
Law, Philosophy of Law

This chapter analyzes recent trends in legal logic and legal theory and provides a general reconstruction of the debate on legal defeasibility. The chapter is organized as follows. The chapter first ... More


Legal Powers *

Dick W.P. Ruiter

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0025
Subject:
Law, Philosophy of Law

The classical approach pictures legal systems as structures consisting of deontic norms and norms conferring powers to issue deontic norms. Challenging the classical approach, this chapter sketches a ... More


Primary and Secondary Legal Norms—Subjective and Objective Observance and Violation of Norms

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0015
Subject:
Law, Philosophy of Law

A command is objectively observed or violated if the behaviour it prescribes actually takes place or does not take place (if the person to whom something is commanded actually performs or does not ... More


Legal Norms and Legal Principles: Esser's Transformation Theory

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0028
Subject:
Law, Philosophy of Law

The influencing of law-creation by principles of morality, politics, and manners is sometimes consistent, sometimes less so. The moral principle of individual freedom, for example, is expressed in a ... More


The Concept of Entitlement: The Various Significations of this Word—Rights

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0033
Subject:
Law, Philosophy of Law

The words ‘right’, ‘entitlement’, ‘to entitle’, ‘to be entitled’ have a number of quite different significations. That someone is entitled or has a right to behave in a certain way can mean that his ... More


The Problem of the Applicability of Logical Principles to Norms

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0050
Subject:
Law, Philosophy of Law

This chapter is concerned with the question of whether certain principles of so-called bivalent (true–false) logic, specifically the principle of contradiction and the rules of inference, are ... More


Defending Deductivism

NEIL MacCORMICK

in Rhetoric and The Rule of Law: A Theory of Legal Reasoning

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199571246
eISBN:
9780191713064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571246.003.0004
Subject:
Law, Philosophy of Law

This chapter contends that with regards to legal deductive arguments, none can be more convincing in its conclusion than in its premisses. Hence, whoever makes such an argument has to stand ready to ... More


Toward a Theory of Legal Interpretation

Scott Soames

in Analytic Philosophy in America: And Other Historical and Contemporary Essays

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691160726
eISBN:
9781400850464
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691160726.003.0014
Subject:
Philosophy, American Philosophy

This chapter is concerned with the content of legal norms governing the interpretation of legal texts by legally authoritative actors in a legal system. As such, a theory of legal interpretation is a ... More


Natural Laws and Social (Moral and Legal) Laws

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0006
Subject:
Law, Philosophy of Law

When ethics describes a general norm of morality by means of the sentence ‘If someone is in need, one is to help him’ or when legal science describes a general legal norm by means of the sentence ‘If ... More


Commercial Forms and Legal Norms in the Jewish Community of Medieval Egypt

Phillip I. Ackerman-Lieberman

in The Business of Identity: Jews, Muslims, and Economic Life in Medieval Egypt

Published in print:
2014
Published Online:
May 2014
ISBN:
9780804785471
eISBN:
9780804787161
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785471.003.0003
Subject:
Society and Culture, Jewish Studies

The third chapter emphasizes the deliberate and free aspect of Jewish merchants’ choice of commercial vehicles through a close reading of court practice. The chapter reveals the (Rabbanite) Jewish ... More


The Personal and Material Spheres of Validity

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0037
Subject:
Law, Philosophy of Law

When the norm commands, empowers, or positively permits a certain behaviour, it is not the human being in his entirety which is subject to a norm, but always only a certain behaviour of his. Human ... More


Law and Nature

Jeff Mielke

in Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre or Pure Theory of Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265658
eISBN:
9780191682919
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265658.003.0001
Subject:
Law, Philosophy of Law

This chapter presents the Pure Theory of Law's discussion of natural material fact (act) and meaning, self-interpretation of social data (subjective and objective meaning), the norm as scheme of ... More


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