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The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki

in The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300191158
eISBN:
9780300227567
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300191158.003.0002
Subject:
Law, Legal History

This chapter presents the English translation of the Introduction of the Criterion. Here, the author discusses the meaning of legal opinion, judicial ruling, and administrative acts, and how the book ... More


Frankfurter and the Intellectualization of Judicial Restraint

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on Brandeis's most prominent protégé, Felix Frankfurter, who assumed his seat on the Supreme Court in 1939. It shows how Frankfurter's qualms about the vigorous use of judicial ... More


First-Person Perspectives in Legal Decisions

Lorenz Kaehler

in Law and Language: Current Legal Issues Volume 15

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673667
eISBN:
9780191751769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673667.003.0318
Subject:
Law, Comparative Law, Philosophy of Law

A centrepiece of almost any legal theory is the judge and the role he plays in adjudication. However, this central role of judges is not always reflected in the language they use, which is best seen ... More


The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300191158
eISBN:
9780300227567
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300191158.001.0001
Subject:
Law, Legal History

This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few ... More


A Question of Degree

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a constitutional decision maker might go about making interpretive choices in addressing a constitutional question that is open to more than one plausible answer. It focuses ... More


Legislation and reforming opinion

Susan Wood

in The Proprietary Church in the Medieval West

Published in print:
2006
Published Online:
May 2011
ISBN:
9780198206972
eISBN:
9780191725029
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198206972.003.0023
Subject:
History, European Medieval History, History of Religion

The chief external constraint on property-right in churches, from the first, was the tenuous but never defunct authority of bishops over their founding, manning, and functioning (with the spasmodic ... More


Israel: Conversion to Judaism in a Jewish Society

in Pledges of Jewish Allegiance: Conversion, Law, and Policymaking in Nineteenth- and Twentieth-Century Orthodox Responsa

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804778053
eISBN:
9780804781039
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804778053.003.0006
Subject:
Society and Culture, Jewish Studies

This chapter examines halakhik rulings on conversion in Israel, not only those issued by Orthodox rabbis but also secular legal opinions from Israel's courts, including the Israeli Supreme Court. In ... More


Conclusion

in Pledges of Jewish Allegiance: Conversion, Law, and Policymaking in Nineteenth- and Twentieth-Century Orthodox Responsa

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804778053
eISBN:
9780804781039
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804778053.003.0007
Subject:
Society and Culture, Jewish Studies

This book has analyzed decisions rendered by Orthodox rabbis throughout the world regarding conversion over the past 200 years. It has looked at the attitudes of many posekim toward conversion and ... More


Hungarian and Central European Writings on Conversion and Intermarriage

in Pledges of Jewish Allegiance: Conversion, Law, and Policymaking in Nineteenth- and Twentieth-Century Orthodox Responsa

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804778053
eISBN:
9780804781039
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804778053.003.0004
Subject:
Society and Culture, Jewish Studies

During the conclusion of the eighteenth century and the beginning of the nineteenth, Emancipation and Enlightenment had a negligible impact on Jewish religion and society in Hungary. The Hungarian ... More


Some Reflections on Lord Rodger’s Contribution to the Development of the Common Law

Lord Dyson

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0006
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter reflects on Lord Rodger's judgments, which show that his approach to the common law was not that of a revolutionary. His great strength was his intellectual honesty, tenacious respect ... More


Replication and Pooling

Michael B. Bracken

in Risk, Chance, and Causation: Investigating the Origins and Treatment of Disease

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300188844
eISBN:
9780300189551
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300188844.003.0013
Subject:
History, Environmental History

This chapter is concerned primarily with using replication to rule out chance as an explanation for study results. New hypotheses are derived from many sources, such as from observations in the ... More


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