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The Making of Legal Authority

Nils Jansen

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

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0005
Subject:
Law, Philosophy of Law

This chapter addresses the question of how legal authority is made. More specifically, it asks how non-legislative reference texts can achieve such a high degree of authority that the participants in ... More


Introduction

Nils Jansen

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

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to ... More


Non-Legislative Codifications in Modern Law

Nils Jansen

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

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0003
Subject:
Law, Philosophy of Law

The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the ... More


Hypothetical Intentionalism and Communicative Content

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0002
Subject:
Law, Philosophy of Law

Chapter Two develops the claim that the interpretation of legal texts must necessarily be a hypothetical exercise with significant reliance on conventions of language, which largely constitute the ... More


Textual Authorities: a Classification

Nils Jansen

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

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199588763
eISBN:
9780191723315
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588763.003.0004
Subject:
Law, Philosophy of Law

This chapter formulates — as a systematic summary of the previous two chapters and as a conceptual basis for the following final chapter — a more adequate, ideal-typical classification of different ... More


Conclusion and a Comparison

Kent Greenawalt

in Legal Interpretation: Perspectives from Other Disciplines and Private Texts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199756131
eISBN:
9780199855292
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756131.003.0011
Subject:
Law, Philosophy of Law

The previous chapters looked at the basic components of legal interpretation. These explored how other disciplines might bear on legal texts; what constitutes desirable performance and the meaning of ... More


Ordinary Meaning, “What Is Said,” and “What Is Communicated”

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0004
Subject:
Law, Philosophy of Law

Chapter Four continues the account of ordinary meaning where Chapter Three ended. One example where context must be accounted for explicitly involves the assignment of scopes of reference to ... More


Lawbooks and Lawyers

Huw Pryce

in Native Law and the Church in Medieval Wales

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198203629
eISBN:
9780191675904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198203629.003.0002
Subject:
History, British and Irish Medieval History, History of Religion

By virtue of its content, the native law of medieval Wales can justly be called secular law. Yet it was also a law devised by and for members of a Christian society in which the Catholic Church was ... 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


Toward a Cognitive Science of Legal Interpretation

Benjamin Shaer

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/9780199673667.003.0116
Subject:
Law, Comparative Law, Philosophy of Law

This chapter attempts to make sense of the character of legal interpretation and to assess some of the many claims about how legal interpretation does or should proceed. It sketches a cognitively ... More


Ius Commune: The Medieval Jurists

James Gordley

in The Jurists: A Critical History

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199689392
eISBN:
9780191768286
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199689392.003.0002
Subject:
Law, Legal History, Philosophy of Law

This chapter examines the project of medieval jurists. One part of their enterprise was to apply texts to situations that the texts did not expressly cover. Another was to make sense of these texts ... More


Chapter Two Hypothetical Intentionalism and Communicative Content

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0002
Subject:
Law, Philosophy of Law

Chapter Two develops the claim that the interpretation of legal texts must necessarily be a hypothetical exercise with significant reliance on conventions of language, which largely constitute the ... More


Language, Truth, and Law

Andrew Halpin

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/9780199673667.003.0035
Subject:
Law, Comparative Law, Philosophy of Law

This chapter examines different possible relationships between language, truth, and law as they emerge in a number of scenarios involving the putative operation of legal texts in practice. In ... More


Reading Law *

William Twining

in Law in Context: Enlarging a Discipline

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264835
eISBN:
9780191682810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264835.003.0019
Subject:
Law, Philosophy of Law

‘Reading law’ is the intellectual activity of studying and using various kinds of texts. This chapter has four propositions: the range of materials available for the study of law is much wider and ... More


Introduction

Janina M. Safran

in Defining Boundaries in al-Andalus: Muslims, Christians, and Jews in Islamic Iberia

Published in print:
2013
Published Online:
August 2016
ISBN:
9780801451836
eISBN:
9780801468018
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451836.003.0001
Subject:
History, European Medieval History

This introductory chapter argues that despite the numerous accounts of the political history of Umayyad al-Andalus, its relationship to the Jewish and Christian communities under its rule can be ... More


Is It Law or Religion? Legal Motivations in Deuteronomic and Neo-Babylonian Text s

Bruce Wells

in Law and Religion in the Eastern Mediterranean: From Antiquity to Early Islam

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199550234
eISBN:
9780191747199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199550234.003.0012
Subject:
Classical Studies, Ancient Religions

Cultic centralization is Deuteronomy's primary innovation, but several other aspects of the book's legal material have also been cited as examples of innovation and typically explained by reference ... More


Post-Modernism, Hermeneutics, and Authenticity: Interpreting Legal and Theological Texts in the Twenty-First Century

Edward M. Andries

in Law and Religion: Current Legal Issues 2001 Volume 4

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199246601
eISBN:
9780191697616
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246601.003.0008
Subject:
Law, Philosophy of Law

This chapter begins by providing preliminary definitions of the terms, ‘post-modernism’, ‘hermeneutics’, and ‘authenticity’. It then argues that the variety of literary hermeneutical approaches to ... More


Rejection of Rabbinic Legal Statements

Naomi Grunhaus

in The Challenge of Received Tradition: Dilemmas of Interpretation in Radak's Biblical Commentaries

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199858408
eISBN:
9780199979899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199858408.003.0007
Subject:
Religion, Judaism

It is in his questioning of rabbinic legal interpretations of Scriptures that Radak is differentiated from most other exegetes. On this matter, there seems to be an affinity between his thinking and ... More


Chapter Four Ordinary Meaning, “What Is Said,” and “What Is Communicated”

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0004
Subject:
Law, Philosophy of Law

Chapter Four continues the account of ordinary meaning where Chapter Three ended. One example where context must be accounted for explicitly involves the assignment of scopes of reference to ... More


Job's Compositional History One More Time: What Its Law Might Contribute *

F. Rachel Magdalene

in Law and Religion in the Eastern Mediterranean: From Antiquity to Early Islam

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199550234
eISBN:
9780191747199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199550234.003.0013
Subject:
Classical Studies, Ancient Religions

This chapter examines the compositional history of the book of Job. It draws on insights from legal analysis for the interpretation of wisdom literature, connecting Job with Neo-Babylonian features ... More


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