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The Individuation of the Law of Property

James Penner

in The Idea of Property in Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198299264
eISBN:
9780191714313
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299264.003.0003
Subject:
Law, Philosophy of Law

From the perspective of ‘general’ jurisprudence, the ‘individuation of laws’ is about the theoretical problem of making sense of our common-sense belief that the law guides us in a number of more or ... More


The Principle of Unjust Enrichment

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0003
Subject:
Law, Law of Obligations

Although the unjust enrichment principle often operates positively, in the sense that the claimant must establish that the defendant has been unjustly enriched before restitution is available, ... More


Empowering: Conferring the Power to Posit and Apply Norms

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0026
Subject:
Law, Philosophy of Law

The normative function of empowering means: conferring on an individual the power to posit and apply norms. A moral norm empowers a father to issue commands binding on his child. A legal norm ... More


Introduction

Robert Chambers, Charles Mitchell, and James Penner

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0001
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter provides an overview of the chapters in this volume. Not only does it provide a brief summary of the main issues raised in each chapter, it pursues those issues and considers the ... More


Conceptual Conservatism: The Case of Normative Functions

Paul Sheldon Davies

in Functions in Biological and Artificial Worlds: Comparative Philosophical Perspectives

Published in print:
2009
Published Online:
August 2013
ISBN:
9780262113212
eISBN:
9780262255271
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262113212.003.0008
Subject:
Biology, Biomathematics / Statistics and Data Analysis / Complexity Studies

This chapter argues that biologists who cling to function talk are suffering from “conceptual conservatism” and that function talk should be given up. It addresses that the concept of normative ... More


Introduction

Ellen Swift

in Roman Artefacts and Society: Design, Behaviour, and Experience

Published in print:
2017
Published Online:
November 2020
ISBN:
9780198785262
eISBN:
9780191917097
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785262.003.0005
Subject:
Archaeology, Greek and Roman Archaeology

The physical features of objects have a very direct relationship to social practices. Many of the everyday activities of human living require the use of tools and equipment, and this material ... More


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