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Private Dispute Resolution and the Shadow of the Law

Benjamin Kelly

in Petitions, Litigation, and Social Control in Roman Egypt

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199599615
eISBN:
9780191731525
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599615.003.0007
Subject:
Classical Studies, European History: BCE to 500CE

This chapter argues that the evidence does not support the view that petitioning and litigation in Roman Egypt were usually a last resort, employed only if ‘private’ dispute resolution methods ... More


The Rule of Law and Time’s Arrow

Arthur Ripstein

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0015
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter explains why rights change with the passage of time. It considers two prominent accounts, according to which the point of limitations periods is either to reflect changes in the ... More


Conclusions

in Measuring Judicial Independence: The Political Economy of Judging in Japan

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226703886
eISBN:
9780226703879
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226703879.003.0009
Subject:
Law, Comparative Law

Whether normative or positive, the puzzle to judicial independence is not in the independence of judges from parties to private disputes. No one advocates letting judges take bribes in private suits. ... More


Co-religionist Commerce Is Better Adjudicated in Arbitration

Michael J. Broyde

in Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190640286
eISBN:
9780190640316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190640286.003.0004
Subject:
Law, Constitutional and Administrative Law

State and federal courts are available to resolve disputes between co-religionist parties the same way that they are available to all Americans. Religious parties, however, are increasingly choosing ... More


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