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Characteristics and Implications of the Effectiveness of Legal Regulation

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0003
Subject:
Law, Public International Law

This chapter focuses on the essence of determinacy of legal rules, and the degrees of their indeterminacy as can be met in international judicial practice. If rules are indeterminate, this opens the ... More


The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members

Anne Peters

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0022
Subject:
Law, Public International Law

Bruno Simma has made important contributions, as a scholar and as a practitioner, both to the legal regimes of the protection of civilians (human rights law, humanitarian law, international criminal ... More


Legal Obligation and the Concept of Law

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0003
Subject:
Law, Constitutional and Administrative Law

The various formal requirements of an essentially procedural version of the rule of law derive their point and fundamental value from the broader ideal of constitutionalism to which, ideally, they ... More


Law's Legitimacy and Democracy

Wojciech Sadurski

in Equality and Legitimacy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545179
eISBN:
9780191719905
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545179.003.0001
Subject:
Law, Philosophy of Law

This chapter prepares the ground for the discussion of legitimacy of democratic laws by considering the relationship between law's legitimacy, its justification, and the obligation to obey the law. ... More


WTO Dispute Settlement Meets GMOs: Who Decides?

Mark A. Pollack and Gregory C. Shaffer

in When Cooperation Fails: The International Law and Politics of Genetically Modified Foods

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199237289
eISBN:
9780191696732
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237289.003.0005
Subject:
Political Science, International Relations and Politics

For many years, both the Clinton and George W. Bush administrations had resisted bringing a WTO challenge over GMOs, hoping to address the dispute diplomatically and without the risks of global ... More


Overcoming the Dualism of Legal Theory

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/9780198265658.003.0004
Subject:
Law, Philosophy of Law

This chapter presents the Pure Theory of Law's discussion of the natural law origins of the dualism of objective law and subjective right, the concept of subjective right, the concept of legal ... More


Conflicts of Interest and Scientific Objectivity

Adil E. Shamoo and David B. Resnik

in Responsible Conduct of Research

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195368246
eISBN:
9780199867615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368246.003.0010
Subject:
Biology, Disease Ecology / Epidemiology, Biochemistry / Molecular Biology

Researchers and research institutions have a variety of financial, personal, and political interests that sometimes conflict with their professional, ethical, or legal obligations. These situations ... More


Finnis on Legal and Moral Obligation

Maris Köpcke Tinturé

in Reason, Morality, and Law: The Philosophy of John Finnis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675500
eISBN:
9780191757228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675500.003.0024
Subject:
Law, Philosophy of Law

This chapter unpacks and evaluates Finnis' intriguing claim that law and legal obligation are ‘isolated’ from moral reasoning. Properly understood, Finnis' idea of law's ‘isolation’ provides a ... More


Legal Rights

H. L. A. Hart

in Essays on Bentham: Jurisprudence and Political Philosophy

Published in print:
1982
Published Online:
March 2012
ISBN:
9780198254683
eISBN:
9780191681509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254683.003.0008
Subject:
Law, Philosophy of Law

The notion of a legal right has proved in the history of jurisprudence to be very elusive: how elusive may be judged not only from the well-known division of theories into ‘Will theories’ and ... More


The Right to Disobey The Law. Civil Disobedience

Geoffrey Marshall

in Constitutional Theory

Published in print:
1980
Published Online:
March 2012
ISBN:
9780198761211
eISBN:
9780191695148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198761211.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses civil disobedience and the principles of legal, moral, and political obligation. Political obligation might be used to refer to duties by some system of political behaviour ... More


Describing Law Normatively

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0002
Subject:
Law, Philosophy of Law

A fundamental reconsideration of the project of a general theory of law, this chapter argues that no general account can be given of what law in fact is without explicit attention to why it has the ... More


Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Karen J. Alter

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.001.0001
Subject:
Law, Comparative Law, Private International Law

The most effective international legal system in the world exists in Europe. It works much like a domestic system, where violations of the law are brought to court, legal decisions are respected, and ... More


Legal Systems

Kevin Vallier

in Must Politics Be War?: Restoring Our Trust in the Open Society

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190632830
eISBN:
9780190632861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190632830.003.0005
Subject:
Philosophy, Political Philosophy

Previous chapters argue that maintaining a system of social trust in the right way requires that our shared moral rules be publicly justified. This chapter argues that coercive laws are required in ... More


A Theory of Legal Obligation

Christopher Essert

in The Legacy of Ronald Dworkin

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190466411
eISBN:
9780190466442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466411.003.0011
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter defends the Simple Theory of Legal Obligation. According to this theory, to be legally obligated not to do some action is just for it to be the case that, from the legal point of view, ... More


International Dispositive Powers

JAMES CRAWFORD

in The Creation of States in International Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199228423
eISBN:
9780191714375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228423.003.0012
Subject:
Law, Public International Law

This chapter discusses the general issues of international disposition relating to the creation of States. The principle of the equality of States — one of the basic principles of international law ... More


A Politics of A-Legality

Hans Lindahl

in Fault Lines of Globalization: Legal Order and the Politics of A-Legality

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199601684
eISBN:
9780191747649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601684.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This final chapter addresses the problem of the normativity of legal order and ordering: how ought boundaries to be set? And this means: what ought to be included, and what excluded, in response to ... More


Introduction

Sarah Birch

in Full Participation: A Comparative Study of Compulsory Voting

Published in print:
2009
Published Online:
July 2012
ISBN:
9780719077623
eISBN:
9781781701874
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719077623.003.0001
Subject:
Political Science, Political Theory

This book provides a detailed overview of the history, practice, causes and effects of the legal obligation to vote, as well as an analysis of the normative arguments surrounding it. Recent debates ... More


Political Obligation: Concepts and Challenges

Richard Dagger

in Playing Fair: Political Obligation and the Problems of Punishment

Published in print:
2018
Published Online:
June 2018
ISBN:
9780199388837
eISBN:
9780199388851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199388837.003.0002
Subject:
Political Science, Political Theory, American Politics

Although it is an ancient and much-discussed problem, political obligation continues to pose challenges to political and legal philosophers. Some of these challenges are conceptual, for they require ... More


A Legal Obligation to Respect National Identity

ELKE CLOOTS

in National Identity in EU Law

Published in print:
2015
Published Online:
March 2015
ISBN:
9780198733768
eISBN:
9780191798139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198733768.003.0002
Subject:
Law, EU Law

One pivotal question any full-fledged theory of national identity adjudication needs to address is whether the Union is under a legal obligation to respect the Member States’ national identities. ... More


The Empire of International Legalism

Ian Hurd

in How to Do Things with International Law

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691196503
eISBN:
9781400888078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691196503.003.0007
Subject:
Political Science, International Relations and Politics

This concluding chapter argues that the international rule of law is a structure of political authority. It creates a hierarchy in international affairs in which legal obligations are superior and ... More


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