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How to Hold the Social Fact Thesis: A Reply to Greenberg and Toh 1

Barbara Baum Levenbook

in Oxford Studies in Philosophy of Law: Volume 2

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679829
eISBN:
9780191760051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679829.003.0002
Subject:
Law, Philosophy of Law

This chapter first sketches and criticizes Greenberg's argument against a metaphysical version of the social fact thesis. It argues that Greenberg jumps to conclusions about the tenability of an ... More


The Foundations of Formal Ascertainment of International Law: The Social Thesis

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/9780199696314.003.0008
Subject:
Law, Public International Law, Philosophy of Law

Chapter 7 has broached some avenues to revitalize the current law-ascertainment criteria in international law by moving away from intent but did not provide any indication as to the foundations of ... More


A Socio-Legal Positivist Approach to Law

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0006
Subject:
Law, Philosophy of Law

This chapter proposes a conventionalist approach to the concept of law and comprehensively reconstructs legal positivism into what is called socio-legal positivism. This extensive discussion of legal ... More


Legal Positivism and the Sources of Law *

Joseph Raz

in The authority of law: Essays on law and morality

Published in print:
1979
Published Online:
March 2012
ISBN:
9780198253457
eISBN:
9780191681400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253457.003.0003
Subject:
Law, Philosophy of Law

This chapter explains the reasons for rejecting any approach to the law which assumes that the determination of the legal validity of any standard of conduct involves a moral argument. In it, the ... More


Alternative Formulations of the Thesis

Mark J. Joe

in Political Determinants of Corporate Governance: Political Context, Corporate Impact

Published in print:
2006
Published Online:
October 2011
ISBN:
9780199205301
eISBN:
9780191695612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199205301.003.0016
Subject:
Business and Management, Corporate Governance and Accountability, Business History

This chapter reformulates the social democracy thesis in several ways: as rent-seeking, as simple labor market micro-foundations interacting with ownership structures, as ownership concentration ... More


Lessons from the Discontent with Formalism

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/9780199696314.003.0006
Subject:
Law, Public International Law, Philosophy of Law

This chapter elaborates on the lessons learnt from some of the objections formulated against the classical theory of the sources of international law. It argues that these objections help critically ... More


France

Mark J. Joe

in Political Determinants of Corporate Governance: Political Context, Corporate Impact

Published in print:
2006
Published Online:
October 2011
ISBN:
9780199205301
eISBN:
9780191695612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199205301.003.0008
Subject:
Business and Management, Corporate Governance and Accountability, Business History

In France, a socialist elite for decades pressed firms to stabilize employment. Shareholder wealth maximization was denigrated and the family firm persisted with few truly public companies until ... More


Law and the Common Good

Roger A. Shiner

in Norm and Nature: The Movements of Legal Thought

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198257196
eISBN:
9780191681721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257196.003.0010
Subject:
Law, Philosophy of Law

Sophisticated positivism's complaint about simple positivism was that, by separating law so severely from morality, no proper account could be given of the normativity of law. Sophisticated ... More


Concluding Remarks: Ascertaining International Legal Rules in the Future

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/9780199696314.003.0009
Subject:
Law, Public International Law, Philosophy of Law

After recalling the gist of the argument made in previous chapter, this short final chapter discusses the relevance of the theory of rule-ascertainment put forward in the book for the new forms of ... More


Introduction Queer Disorientations: Four Turns and a Twist

Stephen D. Moore, Kent L. Brintnall, and Joseph A. Marchal

in Sexual Disorientations: Queer Temporalities, Affects, Theologies

Published in print:
2017
Published Online:
May 2018
ISBN:
9780823277513
eISBN:
9780823280483
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823277513.003.0001
Subject:
Sociology, Gender and Sexuality

This introduction situates the entire collection within key historical and conceptual turns in queer theories, marking along the way how the various chapters apply, challenge, extend, and complicate ... More


Sexual Disorientations: Queer Temporalities, Affects, Theologies

Kent L. Brintnall, Joseph A. Marchal, and Stephen D. Moore (eds)

Published in print:
2017
Published Online:
May 2018
ISBN:
9780823277513
eISBN:
9780823280483
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823277513.001.0001
Subject:
Sociology, Gender and Sexuality

Sexual Disorientations brings some of the most recent and significant works of queer theory into conversation with the overlapping fields of biblical, theological and religious studies to explore the ... More


Introduction

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/9780199696314.003.0001
Subject:
Law, Public International Law, Philosophy of Law

This introductory chapter provides the background of the argument. It starts by describing the contemporary move away from the necessity to distinguish law from non-law and the growing tendency to ... More


Group-level Cognizing, Collaborative Remembering, and Individuals

Robert A. Wilson

in Collaborative Remembering: Theories, Research, and Applications

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198737865
eISBN:
9780191820366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198737865.003.0014
Subject:
Psychology, Cognitive Psychology, Developmental Psychology

This chapter steps back from the important psychological work on collaborative remembering at the heart of the present volume to take up some broader questions about the place of memory in Western ... More


Constructing Migration Status

Cathryn Costello

in The Human Rights of Migrants and Refugees in European Law

Published in print:
2015
Published Online:
March 2016
ISBN:
9780199644742
eISBN:
9780191741128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644742.003.0003
Subject:
Law, EU Law, Human Rights and Immigration

This chapter explores the notion of legal and illegal immigration from a dynamic and multilevel perspective. With this perspective, the binary structure of legal/illegal becomes blurred, presenting ... More


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