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Law and Childhood Studies: Current Legal Issues Volume 14

Michael Freeman (ed.)

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.001.0001
Subject:
Law, Family Law, Human Rights and Immigration

The Current Legal Issues series is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law ... More


Law and Anthropology: Current Legal Issues Volume 12

Michael Freeman and David Napier (eds)

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.001.0001
Subject:
Law, Comparative Law

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to ... More


Finding Faith in Reason

Neil Duxbury

in Patterns of American Jurisprudence

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264910
eISBN:
9780191682865
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264910.003.0005
Subject:
Law, Philosophy of Law

This chapter illustrates that the quest for principle in American jurisprudence ought not to be regarded merely as a response to realism. It specifically attempts to make sense of process ... More


Law as a Moral Idea

Nigel Simmonds

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199552191
eISBN:
9780191701597
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552191.001.0001
Subject:
Law, Philosophy of Law

This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from ... More


Natural liberty

Annabel S. Brett

in Changes of State: Nature and the Limits of the City in Early Modern Natural Law

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691141930
eISBN:
9781400838622
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691141930.003.0005
Subject:
History, American History: early to 18th Century

This chapter examines the juridical status of natural liberty within legal humanist and Aristotelian thinking. Within the broadly Aristotelian political literature, there are two places where the ... More


Constructing the Heresy

William Lucy

in Understanding and Explaining Adjudication

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.003.0014
Subject:
Law, Philosophy of Law

For many heretics, the rational reconstruction of judicial decisions is not an intellectually viable option, since they believe that adjudication cannot be rational in the first place. There is a ... More


International Law and raison d’état: Rethinking the Prehistory of International Law

Martti Koskenniemi

in The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.003.0015
Subject:
Law, Legal History

This chapter argues that no continuous tradition of international legal thought exists from early modernity — Gentili, Vitoria, Suárez, Grotius, Pufendorf, Vattel, however one wants to date the ... More


Philosophy of Law

Andrei Marmor

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691141671
eISBN:
9781400838707
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691141671.001.0001
Subject:
Philosophy, General

This book provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to ... More


Adjudication for Pluralists

William Lucy

in Understanding and Explaining Adjudication

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.003.0012
Subject:
Law, Philosophy of Law

Suppose value pluralism is true. Will its truth have any effect whatsoever on the beliefs, self-understandings, and practices of legal academics, practitioners, and judges? This chapter argues that ... More


Variety of the Civil Law Context

Uwe Kischel

in Comparative Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198791355
eISBN:
9780191833830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791355.003.0007
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter explores the variety of civil law. Civil law is not limited simply to Germany and France. However, categorizing the remaining continental European states quickly turns to be problematic ... More


New Frontiers: Law and Society in the Roman World

Paul J. du Plessis (ed.)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668175
eISBN:
9780748684328
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668175.001.0001
Subject:
Law, Legal History

Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an ... More


Law and Neuroscience: Current Legal Issues Volume 13

Michael Freeman (ed.)

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.001.0001
Subject:
Law, Medical Law

Current Legal Issues, like its sister series Current Legal Problems, is based upon an annual colloquium held at University College London. Each year leading scholars from around the ... More


Contracts, Promises and the Law of Obligations

P. S. Atiyah

in Essays on Contract

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254447
eISBN:
9780191681493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254447.003.0002
Subject:
Law, Law of Obligations

The conceptual apparatus which still dominates legal thinking is the apparatus of the nineteenth century. This influence extends not only to law itself, but also to the processes of thoughts and to ... More


Habermas: The Discourse Theory of Law and Democracy

Hugh Baxter

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804769129
eISBN:
9780804777810
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804769129.001.0001
Subject:
Law, Philosophy of Law

Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. ... More


Redefining Ius to Restore Justice: The Centrality of Ius Gentium in Humanist Jurisprudence

Susan Longfield Karr

in Reassessing Legal Humanism and its Claims: Petere Fontes?

Published in print:
2016
Published Online:
January 2017
ISBN:
9781474408851
eISBN:
9781474418522
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474408851.003.0006
Subject:
Law, Philosophy of Law

Departing from narratives that dominate the history of political and legal thought, this chapter argues that it is necessary to reassess the contribution of legal humanism to the history and ... More


The Long Arms of Legal Thought from Algeria, France, and Germany

Leonard Wood

in Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1875–1952

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198786016
eISBN:
9780191827716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198786016.003.0006
Subject:
Law, Philosophy of Law

This chapter explores leading trends in European legal scholarship that were poised to impact legal education and thought in Egypt. The first part discusses developments in French Algeria, where ... More


Conclusion

Leonard Wood

in Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1875–1952

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198786016
eISBN:
9780191827716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198786016.003.0013
Subject:
Law, Philosophy of Law

The history of Egyptian legal thought provides keys to appreciating the origins and content of present-day Islamic legal thought worldwide, and this book has attempted to facilitate the positing of ... More


Introduction

Stefan Kadelbach, Thomas Kleinlein, and David Roth-Isigkeit

in System, Order, and International Law: The Early History of International Legal Thought from Machiavelli to Hegel

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198768586
eISBN:
9780191821974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198768586.003.0001
Subject:
Law, Public International Law

This introduction explains the goals and the framework of the present volume. The volume considers the history of international legal thought to be a project that highlights the intimate relationship ... More


The Opening of American Law: Neoclassical Legal Thought, 1870-1970

Herbert Hovenkamp

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199331307
eISBN:
9780190204495
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199331307.001.0001
Subject:
Law, Legal History

Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called “neoclassical,” because it ... More


International Legal Thought: Creation of a Tradition and the Potential of Disciplinary Self-Reflection

Thomas Kleinlein

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0036
Subject:
Law, Public International Law

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international ... More


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