Jump to ContentJump to Main Navigation

You are looking at 1-20 of 23 items

  • Keywords: legal standards x
Clear All Modify Search

View:

Corporate Accountability in International Environmental Law

Elisa Morgera

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199558018
eISBN:
9780191705311
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558018.001.0001
Subject:
Law, Public International Law, Environmental and Energy Law

This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in ... More


The Legal Boundary Between the Garden and the Wilderness: Legislation or the Free Exercise Clause?

Catharine Cookson

in Regulating Religion: The Courts and the Free Exercise Clause

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195129441
eISBN:
9780199834105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019512944X.003.0002
Subject:
Religion, Religion and Society

Examines the various legal standards, rules, or tests that have been used by the U.S. Supreme Court to resolve free exercise cases, and places these tests within the full factual and legal contexts ... More


Introduction

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a discussion of theories of law. It argues that it is essential that the law recognizes that its use of power is answerable to moral standards and claims to have ... More


The Project of International Legal Order

Brad R. Roth

in Sovereign Equality and Moral Disagreement

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195342666
eISBN:
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342666.003.0002
Subject:
Law, Public International Law

This chapter introduces the peculiarities of the ethical questions facing those proposing reforms to the international legal order; those responsible for interpreting international legal standards; ... 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


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

Neil MacCormick

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199571246
eISBN:
9780191713064
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571246.001.0001
Subject:
Law, Philosophy of Law

When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable ... More


Legal Reasoning and Legal Theory

Neil MacCormick

in Legal Reasoning and Legal Theory

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198763840
eISBN:
9780191695230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763840.003.0009
Subject:
Law, Philosophy of Law

A theory of legal reasoning requires and is required by a theory of law. It also recognizes that Dworkin's critique of positivists for having concentrated to excess on one type of legal standards, ... More


Judicial Discretion and the Judicial Role

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0011
Subject:
Law, Philosophy of Law

In The Concept of Law, H. L. A. Hart reinstates the thesis that laws genuinely are rules, explicable as that special kind of social rules found in a 'union of primary and secondary rules'. He rejects ... More


International and European Standards in Relation to Victims and Survivors of Human Trafficking

Kirsty Thomson

in Human Trafficking: The Complexities of Exploitation

Published in print:
2016
Published Online:
January 2017
ISBN:
9781474401128
eISBN:
9781474418683
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474401128.003.0004
Subject:
Political Science, International Relations and Politics

This chapter outlines the legal rights and responsibilities that relate to victims of human trafficking in Scotland and the legal landscape for their implementation. It looks at the legal context ... More


The Many Faces of the Reasonable Person

John Gardner

in Torts and Other Wrongs

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198852940
eISBN:
9780191887208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198852940.003.0009
Subject:
Law, Philosophy of Law

The reasonable person is the longest-established of ‘the select group of personalities who inhabit our legal village and are available to be called upon when a problem arises that needs to be solved ... More


Addressing Social Injustice In A Human Rights Context

Sofia Gruskin and Paula Braveman

in Social Injustice and Public Health

Published in print:
2005
Published Online:
September 2009
ISBN:
9780195171853
eISBN:
9780199865352
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195171853.003.0022
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter describes what needs to be done to address social injustice in a human rights context. It covers core concepts, human rights as legal standards and obligations of government, human ... More


Treaty Standards on Freedom of Movement within States

Chaloka Beyani

in Human Rights Standards and the Free Movement of People Within States

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198268215
eISBN:
9780191683459
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268215.003.0002
Subject:
Law, Public International Law

International legal standards for such concerns as the freedom of movement and choosing one's residence within States is given importance by both the Universal Declaration of Human Rights and in ... More


8. The Cost of Cost Control

Lynn M. Lopucki and Joseph W. Doherty

in Professional Fees in Corporate Bankruptcies: Data, Analysis, and Evaluation

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195337723
eISBN:
9780199893942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337723.003.0008
Subject:
Law, Company and Commercial Law

As elaborated in Chapter 7, the fee control system is necessary because those who hire professional firms are spending other people's money. Market incentives to control fees and expenses are either ... More


Mitigation Practice in Death Penalty Cases

José B. Ashford and Melissa Kupferberg

in Death Penalty Mitigation: A Handbook for Mitigation Specialists, Investigators, Social Scientists, and Lawyers

Published in print:
2013
Published Online:
January 2014
ISBN:
9780195329469
eISBN:
9780199367603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329469.003.0001
Subject:
Social Work, Crime and Justice

This chapter presents an introduction to current mitigation practice by examining some of the specific legal standards that have contributed to the development of this highly specialized area of ... More


Why Courts and Not Congress Offer a Way Out of the Crisis

in The Patent Crisis and How the Courts Can Solve It

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226080611
eISBN:
9780226080635
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226080635.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter addresses the dangers of legislating industry-specific statutes. It also defends the proposition that courts, rather than Congress or the Patent and Trademark Office (PTO), are the right ... More


Introduction

Marise Cremona and Claire Kilpatrick

in EU Legal Acts: Challenges and Transformations

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198817468
eISBN:
9780191859120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817468.003.0001
Subject:
Law, EU Law

By taking a transversal approach to the issues raised by a focus on EU legal acts, the Introduction suggests a number of useful keys through which to read the contributions. A first is to reflect on ... More


The Possible Rebirth of “Hostility”

Thomas E. Carbonneau

in Toward a New Federal Law on Arbitration

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199965519
eISBN:
9780199366927
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965519.003.0005
Subject:
Law, Public International Law

The Court's decisional law on arbitration is not free of ambivalence. There is a small group of cases in which the Court itself may have engaged in judicial hostility toward arbitration. Wilko v. ... More


From Repression to Prevention: The Uncertain Borders between Jurisdiction and Administration

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0009
Subject:
Law, Criminal Law and Criminology

The chapter explores how the shift from retributive to preventive justice affected the constitutional balance between judicial and administrative sentencing powers. After analysing the Spanish law ... More


Legal Themes in Case Law about Behavioural Conflict at Work II: Consistency in Applying Behaviour Rules

Lizzie Barmes

in Bullying and Behavioural Conflict at Work: The Duality of Individual Rights

Published in print:
2015
Published Online:
January 2016
ISBN:
9780199691371
eISBN:
9780191748790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691371.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter documents the remarkably consistent approach found to working out the implications of substantive legal rules about workplace behaviour when jurisdictional problems allowed judges to get ... More


Changing Conditions and Conflicts with Values

Kent Greenawalt

in Realms of Legal Interpretation: Core Elements and Critical Variations

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190882860
eISBN:
9780190902346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882860.003.0003
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter focuses on two kinds of situations that go beyond discerning original meaning. One is when significant circumstances have changed since a legal standard was formulated; the other ... More


View: