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The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective

Nils Jansen

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.001.0001
Subject:
Law, Philosophy of Law

Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies — legislatures, courts, and regulators — that fit ... More


Legal officials, the rule of recognition, and international law

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/9780195370751.003.001
Subject:
Law, Philosophy of Law

This chapter analyzes the limits to Hart's account of an official-operated rule of recognition as an account of the existence and borders of legal systems. The argument is developed via assessment of ... More


Positivism as Pariah

Frederick Schauer

in The Autonomy of Law: Essays on Legal Positivism

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267904
eISBN:
9780191683404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267904.003.0002
Subject:
Law, Philosophy of Law

The purpose of this chapter is to enlighten readers on what legal positivism is, far from the current distorted view, which fits the current American caricature of excessive compliance. The chapter ... More


Law as Intelligibility

Víctor M Muñiz-Fraticelli

in The Structure of Pluralism

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199673889
eISBN:
9780191752148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673889.003.0007
Subject:
Law, Constitutional and Administrative Law, Public International Law

Social-scientific legal pluralists have failed to provide criteria either for distinguishing legal from non-legal phenomena or for recommending for or against the recognition of a normative system as ... More


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