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The Birth of Public Law

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0003
Subject:
Law, Public International Law

Public law emerges as an autonomous field of knowledge in the period between the mid-16th and late 17th centuries. This was a critical period of intense religious conflict in which the character of ... More


Religious Interpretation

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/9780199756131.003.0004
Subject:
Law, Philosophy of Law

This chapter examines how religious texts are interpreted. It begins by briefly exploring two related topics that are also relevant for ordinary law: Firstly, what counts as authoritative or ... More


Illegitimacy and Legal Change in the French Enlightenment

Matthew Gerber

in Bastards: Politics, Family, and Law in Early Modern France

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199755370
eISBN:
9780199932603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755370.003.0006
Subject:
History, European Early Modern History, Family History

In the eighteenth century, the jurisprudence of the sovereign courts trended in a direction that was more sympathetic toward extramarital offspring, at least toward those not born of adultery. While ... More


Theoretical Presentation of Modern and Post-Modern Principles

NICOLAS DE SADELEER

in Environmental Principles: From Political Slogans to Legal Rules

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199254743
eISBN:
9780191719851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254743.003.04
Subject:
Law, Environmental and Energy Law

This chapter begins by identifying the various elements that together define modern and post-modern law. It explains how legal principles function within each of these legal models, for both ... More


Common Law Marriage: A Legal Institution for Cohabitation

Göran Lind

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.001.0001
Subject:
Law, Family Law

This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the ... More


Civil Death

Colin Dayan

in The Law Is a White Dog: How Legal Rituals Make and Unmake Persons

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691070919
eISBN:
9781400838592
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691070919.003.0002
Subject:
Literature, Criticism/Theory

This chapter analyzes what happens to persons in two cases: the free person of property who commits a felony and undergoes civil death and the enslaved person, who, as bearer of “negative ... More


Testamentary Formalities in Early Modern Europe

Nils Jansen

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0002
Subject:
Law, Company and Commercial Law

This chapter demonstrates the over-complexity of the law relating to testamentary formalities in early modern law. The discussion is based on the characteristic interplay between Roman law, Canon ... More


Conclusion

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0010
Subject:
History, American History: 20th Century

This concluding chapter examines the nature of protective law, the crucial historical issue of overtime, and public policy after the dismantling of women-only protective laws. Over the course of a ... More


The Critiques of Formal Law-Ascertainment in the Theory of the Sources of International Law

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0004
Subject:
Law, Public International Law, Philosophy of Law

Following the same pattern as the previous chapter, this chapter explores the critiques of formal law-ascertainment first in general legal theory and then in the theory of international law. It ... More


Conclusion: The Relationship Between Property and Trusts

M. W. Lau

in The Economic Structure of Trusts: Towards a Property-based Approach

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.003.0011
Subject:
Law, Trusts

This final chapter asks: If the purpose of trusts is to extend the function of property, what then is the function of property in trusts? The short and simple answer is that property enables trusts ... More


Testamentary Formalities in Islamic Law and their Reception in the Modern Laws of Islamic Countries

Nadjma Yassari

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0012
Subject:
Law, Company and Commercial Law

This chapter discusses the rules concerning the form of testamentary dispositions in accordance with the five schools of Islamic law, and connects these to the respective rules in selected Islamic ... More


Living in Technical Legality: Science Fiction and Law as Technology

Kieran Tranter

Published in print:
2018
Published Online:
May 2020
ISBN:
9781474420891
eISBN:
9781474453707
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474420891.001.0001
Subject:
Law, Philosophy of Law

Successive transformations have resulted in the emergence of a total technological world where old separations about ‘nature’ and ‘culture’ have declined. With this, the tendency towards technicity ... More


Unjust Enrichment

Peter Birks

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.001.0001
Subject:
Law, Law of Obligations

This book gives a concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past and insists on the switch from restitution to ... More


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

Benedict Kingsbury and Benjamin Straumann (eds)

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199599875
eISBN:
9780191595813
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599875.001.0001
Subject:
Law, Legal History

This book makes the under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian ... More


The Hindu Code Bill in Independent India

Chitra Sinha

in Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198078944
eISBN:
9780199081479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198078944.003.0031
Subject:
Law, Family Law

The chapter assesses the contribution of the Hindu Code Bill in the construction of the modern Indian nation. Contrary to the existing perception that the Hindu Code Bill in its diluted form failed ... More


The Right to Strike

K. D. Ewing

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198254393
eISBN:
9780191681486
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254393.001.0001
Subject:
Law, Employment Law, Human Rights and Immigration

The right to strike in Britain is one of the most important, albeit neglected, issues of modern labour law. It is also one of the most controversial, particularly since the dismissal of 5,500 workers ... More


Dune, Modern Law, and the Alchemy of Death and Time

Kieran Tranter

in Living in Technical Legality: Science Fiction and Law as Technology

Published in print:
2018
Published Online:
May 2020
ISBN:
9781474420891
eISBN:
9781474453707
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474420891.003.0003
Subject:
Law, Philosophy of Law

This chapter examines technical legality through looking in detail at how modernity allowed law as technology. This is undertaken through a jurisprudential reading of Frank Herbert’s ‘Dune cycle’. ... More


The Legal Status of the Directing Principles of Environmental Law: From Political Slogans to Normative Principles

NICOLAS DE SADELEER

in Environmental Principles: From Political Slogans to Legal Rules

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199254743
eISBN:
9780191719851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254743.003.06
Subject:
Law, Environmental and Energy Law

This chapter explains that the fact that these directing principles are set out in texts of varying status does not deprive them of normative effect. On the other hand, by being recognised in ... More


Logic and Experience in Roman Law

David Johnston

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0028
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explores both classical Roman Law and the later developments which helped to shape thinking in modern law. It argues that, like history books, law books tend to be written by the victors ... More


Testamentary Formalities in Poland

Fryderyk Zoll

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0011
Subject:
Law, Company and Commercial Law

This chapter begins with a review of the historical development of testamentary formalities in Poland. It then discusses modern law, holograph wills, notarial wills, allograph wills, emergency wills, ... More


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