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A Legal Ethnography

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/9780691070919.003.0005
Subject:
Literature, Criticism/Theory

This chapter examines how judges determined the character of slaves. In the South, the adaptation of Lockean notions of personal identity to slaves was inextricably bound up with the understanding of ... More


The Private Letters of National Literature

Ekaterina Pravilova

in A Public Empire: Property and the Quest for the Common Good in Imperial Russia

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691159058
eISBN:
9781400850266
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159058.003.0008
Subject:
History, Russian and Former Soviet Union History

This chapter discusses the issue of authorial rights and privacy. It considers Tolstoy, who represented a unique example of a writer who voluntarily doomed himself to the torture of private life ... More


Rights, Public Goods, and Externalities

N. Scott Arnold

in Imposing Values: Liberalism and Regulation

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195374964
eISBN:
9780199871490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374964.003.0001
Subject:
Philosophy, Political Philosophy

This chapter gives a preliminary characterization of classical liberalism and modern liberalism and identifies the points of agreement between two sides about the proper role of government. The two ... More


Introduction

DAVID RODIN

in War and Self-Defense

Published in print:
2002
Published Online:
January 2005
ISBN:
9780199257744
eISBN:
9780191601811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199257744.003.0001
Subject:
Philosophy, Political Philosophy

This introductory chapter discusses the rationale behind the arguments on self-defence presented this volume, specifically, self-defence as a moral response to war and aggression. It is argued that a ... More


Transfer of Ownership

D. L. Carey Miller

in A History of Private Law in Scotland

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

For a large part of the development of Scots law there has been a tendency to think in terms of a distinction between moveable and immoveable property as a matter of doctrine rather than a mere ... More


Rights in personam

Peter Birks

in Unjust Enrichment

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.003.0007
Subject:
Law, Law of Obligations

This chapter considers what kind of right the claimant acquires. Above various subsets of each, the choice always lies between a right in personam (a personal right) and a right in rem (a property ... More


Protected Rights And Interests

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0007
Subject:
Law, Law of Obligations, EU Law

This chapter discusses the rights and interests protected by tort law. It is organized as follows. Section B considers the protection of the person, particularly his life, physical integrity, mental ... More


Assignation/cession

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0026
Subject:
Law, Comparative Law

This chapter compares the Scots and South African laws on assignation/cession. The transfer of a personal right from one creditor to another is termed ‘assignation’ in Scotland and ‘cession’ in South ... More


The Rule of Numbers

Loka Ashwood

in For-Profit Democracy: Why the Government Is Losing the Trust of Rural America

Published in print:
2018
Published Online:
May 2019
ISBN:
9780300215359
eISBN:
9780300235142
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300215359.003.0004
Subject:
Sociology, Urban and Rural Studies

This chapter suggests that there is something uncomfortable about democracy as we live in it today, where the majority is considered as the righteous ruler. Thus, if the majority wants electricity, ... More


Social and economic rights in the Irish courts and the potential for constitutionalisation

Claire-Michelle Smyth

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0018
Subject:
Law, Legal History

Claire Michelle Smyth’s chapter examines the question of socio-economic rights in the Irish Constitution. She argues that it is possible to identify the avenues for constitutionalisation of ... More


Distinguishing personal rights from business regulation

Robin C. A. White

in Workers, Establishment, and Services in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198267768
eISBN:
9780191683367
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267768.003.0014
Subject:
Law, EU Law

This chapter distinguishes personal rights from business regulation. Part Two of the EC Treaty on citizenship of the Union appears to be limited to people and does not extend to business entities ... More


The Right to Personal Self-Defense as a General Principle of Law

Jan Arno Hessbruegge

in Human Rights and Personal Self-Defense in International Law

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190655020
eISBN:
9780190655051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190655020.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter establishes that the right to personal self-defense constitutes a general principle recognized by nations under international law. It is a general principle because it can be found in ... More


The Origin of Children’s Appreciation of Ownership Rights

Karen R. Neary and Ori Friedman

in Navigating the Social World: What Infants, Children, and Other Species Can Teach Us

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199890712
eISBN:
9780199332779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199890712.003.0066
Subject:
Psychology, Cognitive Neuroscience, Cognitive Psychology

This chapter reviews studies on children's views about ownership rights. These suggest that children may have an appreciation of ownership rights from early in development, and that their ... More


The Argument by Law

Arvind Sharma

in Are Human Rights Western?: A Contribution to the Dialogue of Civilizations

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195679489
eISBN:
9780199081714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195679489.003.0005
Subject:
Law, Human Rights and Immigration

A modern quasi-legal concept of capitalized Human Rights developed in the West at the expense of cursive human rights in the rest of the world. When it is claimed that human rights are Western then ... More


Lecture Three—Views from Abroad

Tony Weir

in Economic Torts

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265931
eISBN:
9780191683008
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265931.003.0003
Subject:
Law, Law of Obligations

This lecture looks at how other systems compare with England's as regards the general principle of liability for economic harm deliberately caused, and whether they treat interference with contract ... More


The Nature of Proprietary Interests

Richard Calnan

in Proprietary Rights and Insolvency

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198759386
eISBN:
9780191927713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759386.003.0003
Subject:
Law, Company and Commercial Law

This chapter discusses the distinction between personal and proprietary rights, and why it is important where third parties are involved or there is an insolvency. It explains the difficulty of ... More


Democratic Experimentalism and the Public Sphere: Freedom of Conscience, Free Speech, and Non-Discrimination

Oliver Gerstenberg

in Euroconstitutionalism and its Discontents

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198834335
eISBN:
9780191872433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198834335.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that democratic-experimentalist forms of judicial review should not be confined to socioeconomic rights but can also be invoked with negative liberties and dignitarian personal ... More


Pari Passu Sharing

Richard Calnan

in Proprietary Rights and Insolvency

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198759386
eISBN:
9780191927713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759386.003.0002
Subject:
Law, Company and Commercial Law

This chapter discusses the pari passu sharing principle in insolvencies, including the recent developments in determining the scope of the anti-deprivation principle. The effect of contractual ... More


Proprietary Rights and Insolvency

Richard Calnan

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198759386
eISBN:
9780191927713
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759386.001.0001
Subject:
Law, Company and Commercial Law

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the ... More


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