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The Sources and Form of the Criminal Law: The Medium of hange and Development: Consolidation or Codification?

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0006
Subject:
Law, Legal History

This chapter begins with a discussion of the sources of criminal law, covering the growth of criminal treatises, legislative and proto-legislative potential influential sources, and the style and ... More


The Economics of Lawmaking

Francesco Parisi and Vincy Fon

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional ... More


Law-making and Constitutionalism

Jan Klabbers

in The Constitutionalization of International Law

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199543427
eISBN:
9780191720475
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199543427.003.0003
Subject:
Law, Public International Law

This chapter looks into the question how, in a constitutionalizing world order, international law-making could take place. It identifies two poles: on the one hand, law-making should do justice to ... More


Peremptory Norms in International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.001.0001
Subject:
Law, Public International Law

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens), reflected in Article 53 of the 1969 Vienna Convention on the Law of Treaties. ... More


General Principles of Law, Judicial Creativity, and the Development of International Criminal Law

Fabián O Raimondo

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the manner in which the ad hoc International Criminal Tribunals have utilized general principles of law in filling substantive and procedural legal gaps. While general ... More


Sources and Modification of Peremptory Norms

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0006
Subject:
Law, Public International Law

This chapter examines the sources of peremptory norms, and examines which of them can be proper sources of jus cogens. It considers the modification of peremptory norms in terms of the requirements ... More


Methods Used by International Courts and Tribunals to Engage in Cross-Fertilization

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0003
Subject:
Law, Public International Law

This chapter examines the methods available to international courts to refer to the practice of other international judicial bodies, and to interpret and apply their procedure and remedies in similar ... More


Judicial Interpretation at the Ad Hoc Tribunals: Method From Chaos?

Joseph Powderly

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

The absence from the Statutes of the ad hoc Tribunals of a provision explicitly setting down the interpretational methodology to be applied by the bench ensured that the only barrier to judicial ... More


Using Custom to Reconceptualize Crimes Against Humanity

Larissa van den Herik

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the customary international law basis for the development of the definition of crimes against humanity before the ad hoc Tribunals. It argues that the approach taken by the ad ... More


Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


The Interpretation of Acts and Rules in Public International Law

Alexander Orakhelashvili

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.001.0001
Subject:
Law, Public International Law

There are frequent claims that the international legal regulation in one or another field of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the stability, ... More


Judicial Creativity at the International Criminal Tribunals

Shane Darcy and Joseph Powderly (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

As the International Criminal Tribunals for the former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these ... More


The Reinvention of War Crimes by the International Criminal Tribunals

Shane Darcy

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores how judicial creativity at the ad hoc Tribunals has led to a reinvention of the law of war crimes, arguably the most far-reaching jurisprudential contribution of the Tribunals. ... More


Why Interpret? 1

Joseph Raz

in Between Authority and Interpretation: On the Theory of Law and Practical Reason

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562688
eISBN:
9780191705342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562688.003.0009
Subject:
Law, Philosophy of Law

This chapter on legal interpretation considers the question: Why is interpretation central to legal practices? After all not all normative practices assign interpretation such a central role. In this ... More


Peremptory Norms and State Immunity

Alexander Orakhelashvili

in Peremptory Norms in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546114
eISBN:
9780191712203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546114.003.0011
Subject:
Law, Public International Law

This chapter deals with the impact of jus cogens on State immunity. It begins by examining the scope of State immunity, then addresses sources of law to establish whether State immunity is really ... More


In the Beginning was the Deed

Ingo Venzke

in How Interpretation Makes International Law: On Semantic Change and Normative Twists

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.003.0001
Subject:
Law, Public International Law, Philosophy of Law

This introductory chapter sets the scene by showing how Ludwig Wittgenstein identified in search for certainty with Goethe’s tragic figure Faust. Faust tried the word, its true sense and the force ... More


Judicial Development of the Law of Defences by the International Criminal Tribunals

Caroline Fournet

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

While necessarily central to the efficacy and legitimacy of international criminal justice, the law relating to the permissible defences is yet to be definitively codified. The Statutes of both the ... More


English Foundations of American Law, 1500s–1776

John B. Nann and Morris L. Cohen

in The Yale Law School Guide to Research in American Legal History

Published in print:
2018
Published Online:
May 2019
ISBN:
9780300118537
eISBN:
9780300235685
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300118537.003.0003
Subject:
Law, Legal History

This chapter describes current sources and techniques useful for finding seventeenth- and eighteenth-century laws of England and introduces some methods an attorney in England in the seventeenth and ... More


How Interpretation Makes International Law: On Semantic Change and Normative Twists

Ingo Venzke

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199657674
eISBN:
9780191753114
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199657674.001.0001
Subject:
Law, Public International Law, Philosophy of Law

The texts of international law cannot talk — they are talked about. They passively submit to the need for interpretation and gain meaning in their use. Contrary to classic and still pervasive ... More


Legal Disagreements and the Dual Nature of Law *

Andrea Dolcetti and Giovanni Battista Ratti

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0014
Subject:
Law, Philosophy of Law

This chapter tests the hypothesis that the presence of specific kinds of disagreements in most contemporary legal systems — those that we call interpretative disagreements — is a characteristic ... More


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