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Practical Reason in Law and Morality

Neil MacCormick

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.001.0001
Subject:
Law, Philosophy of Law

The concept of practical reason is central to contemporary thought on ethics and the philosophy of law — acting well means acting for good reasons. Explaining this requires several stages. How do ... More


Questions of Trust

Neil MacCormick

in Practical Reason in Law and Morality

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.003.0005
Subject:
Law, Philosophy of Law

This chapter considers the place of mutual trust in human engagements, both in relation to honesty and truthfulness in communication and in relation to good faith in contracts, promises, and the like.


Freedom of Speech and The Contract of Employment: The Concept of the Public Interest

Lucy Vickers

in Freedom of Speech and Employment

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198268307
eISBN:
9780191683497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268307.003.0004
Subject:
Law, Company and Commercial Law

This chapter considers the contract of employment and the various duties owed by employees that may restrict the right to freedom of speech to be enjoyed by those who work. The main contractual ... More


The Content and Performance of Contracts of Employment

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199551750
eISBN:
9780191731013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551750.003.0006
Subject:
Law, Employment Law

This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way ... More


Executive Relationships in a ‘Normalized’ EU Commission

Anchrit Wille

in The Normalization of the European Commission: Politics and Bureaucracy in the EU Executive

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199665693
eISBN:
9780191755989
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665693.003.0008
Subject:
Political Science, European Union

What model is an adequate approximation of the executive relationship in today’s Commission? This chapter aims to arrive at a systematic assessment of the normalization of the political–bureaucratic ... More


A Silk Road for Professional Qualifications?: EU Models of Integration and their Potential in Sino–EU Relations

Ton van den Brink and Sybe A. de Vries

in China and Europe on the New Silk Road: Connecting Universities Across Eurasia

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198853022
eISBN:
9780191887420
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853022.003.0011
Subject:
Business and Management, Knowledge Management, Political Economy

The tension between the public interest to regulate professions, and the economic rationales to open up markets has long since been an issue within the EU. This chapter explores how these competing ... More


Decision Making in Chains and Networks of Contracts

Stefan Grundmann

in Theories of Choice: The Social Science and the Law of Decision Making

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198863175
eISBN:
9780191895678
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863175.003.0014
Subject:
Law, Company and Commercial Law

Networks of contracts serve mainly as a long-term form of organisation, both features being typically combined. This combination—the so-called organisational contract—is seen as a hybrid between ... More


A Deliberative Approach to the Tibet Autonomy Issue

Baogang He

in Governing Taiwan and Tibet: Democratic Approaches

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748699711
eISBN:
9781474416139
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748699711.003.0011
Subject:
Political Science, International Relations and Politics

Chapter 10 reviews and compares three deliberative approaches to conflict, and applies the deliberative approach to the Tibet autonomy issue. It examines the case of a deliberative workshop, ... More


Trust between Adversaries and Allies: President George H. W. Bush, Trust, and the End of the Cold War

J. Simon Rofe

in Trust, but Verify: The Politics of Uncertainty and the Transformation of the Cold War Order, 1969-1991

Published in print:
2016
Published Online:
May 2017
ISBN:
9780804798099
eISBN:
9781503600133
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804798099.003.0004
Subject:
History, Political History

This chapter investigates the central role of trust-building for the George H. W. Bush administration and its crucial significance in navigating the political transformations of 1990–91. Portraying ... More


The EU Legal Framework for the Protection of Fundamental Rights

Jan Wouters and Michal Ovádek

in The European Union and Human Rights: Analysis, Cases, and Materials

Published in print:
2021
Published Online:
July 2021
ISBN:
9780198814177
eISBN:
9780191923838
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814177.003.0004
Subject:
Law, EU Law, Human Rights and Immigration

This chapter offers a global view of the EU legal framework for the protection of fundamental rights and the basic functioning of its key constituents, most notably the Charter of Fundamental Rights. ... More


A Normative Framework for Promoting Compliance

Irit Mevorach

in The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198782896
eISBN:
9780191826115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198782896.003.0005
Subject:
Law, Company and Commercial Law, Private International Law

This chapter completes the proposed normative framework for cross-border insolvency. It considers the problem of compliance with a cross-border insolvency system by countries and implementing ... More


Implied Terms in the Contract of Employment

Hugh Collins

in The Contract of Employment

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198783169
eISBN:
9780191826191
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783169.003.0022
Subject:
Law, Employment Law, Company and Commercial Law

Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible ... More


Civil Justice Extending its Tentacles

Eva Storskrubb

in The Evolution of EU Law

Published in print:
2021
Published Online:
October 2021
ISBN:
9780192846556
eISBN:
9780191938887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192846556.003.0024
Subject:
Law, Public International Law, Private International Law

‘Civil Justice Extending its Tentacles’ deals with the constitutional and regulatory challenges shaping EU civil justice including the challenges of multi-level regulation and pressures towards ... More


Conclusions

Bettina Westle and Paolo Segatti

in European Identity in the Context of National Identity: Questions of Identity in Sixteen European Countries in the Wake of the Financial Crisis

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198732907
eISBN:
9780191796937
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198732907.003.0011
Subject:
Political Science, European Union

At present, European identity is unlikely to be a source of political integration and political legitimacy such as national identities have been in past and are today. Europeans primarily feel as ... More


Article 4 TEU

Marcus Klamert

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.7
Subject:
Law, EU Law

The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of ... More


Article 82 TFEU

Wolfgang Bogensberger

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.172
Subject:
Law, EU Law

Article 31 TEU Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of ... More


In Defense of Uncivil Disobedience

Candice Delmas

in A Duty to Resist: When Disobedience Should Be Uncivil

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190872199
eISBN:
9780190872229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190872199.003.0003
Subject:
Philosophy, Political Philosophy

Chapter 2 makes a case for the justifiability of some acts of uncivil disobedience—acts that are covert, evasive, violent, or offensive. After sketching some general process- and goal-related ... More


The legal basis for preventing and resolving conflicts of criminal jurisdiction in the TFEU

Martin Wasmeier

in Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198829119
eISBN:
9780191932304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198829119.003.0006
Subject:
Law, EU Law

Since the European Union (EU) has received powers to adopt legally binding acts in the area of judicial cooperation in criminal matters, the Treaties expressly referred to conflicts of jurisdiction ... More


Recognition and Enforcement

Reinhard Bork and Renato Mangano

in European Cross-Border Insolvency Law

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198729099
eISBN:
9780191927560
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198729099.003.0005
Subject:
Law, EU Law

Automatic recognition of judgments rendered within the course of insolvency proceedings constitutes one of the fundamental principles of the EIR, as recognition is based on mutual trust and is ... More


Article 2 TEU

Marcus Klamert and Dimitry Kochenov

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.5
Subject:
Law, EU Law

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. ... More


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