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Cross-frontier Offences

Michael Hirst

in Jurisdiction and the Ambit of the Criminal Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines the problems that arise when the territorial principle is applied to transnational or cross-frontier offences. It begins by looking at the general rule, under which an offence ... More


The Criteria for Statehood Applied: Some Special Cases

JAMES CRAWFORD

in The Creation of States in International Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199228423
eISBN:
9780191714375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228423.003.0005
Subject:
Law, Public International Law

The criteria for statehood are flexible enough to allow a variety of entities with differing circumstances to be classified as States. It cannot be assumed that all territorial entities will have the ... More


The Method of Balancing

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662463
eISBN:
9780191743405
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662463.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The third chapter analyses in detail and last step of proportionality analysis, namely balancing. The authors defend a wide-scope theory, allowing for definitional generosity in rights reasoning. The ... More


Jürgen Habermas’s Theory of the Indeterminacy of Law and the Rationality of Adjudication

Robert Alexy

in Law's Ideal Dimension

Published in print:
2021
Published Online:
August 2021
ISBN:
9780198796831
eISBN:
9780191838507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796831.003.0021
Subject:
Law, Philosophy of Law

Every theory of legal argumentation has to determine the relation between legal certainty and correctness, which essentially includes justice. This, in turn, requires that the specific character of ... More


Dreamland of Humanists

Emily J. Levine

in Dreamland of Humanists: Warburg, Cassirer, Panofsky, and the Hamburg School

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226061689
eISBN:
9780226061719
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226061719.003.0001
Subject:
History, History of Ideas

The introduction unpacks the book title’s meaning, which combines Ernst Troeltsch’s designation of post-war Germany as a “dreamland of the armistice,” a country cautiously optimistic about Germany’s ... More


The Forms of Action

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0004
Subject:
Law, Legal History

This chapter is concerned with writs, and principally with the ‘original’ writs which commenced an action at common law. Though designed as a means of administrative regulation, a decision to stop ... More


Summary and concluding remarks

Ernst Håkon Jahr

in Language Planning as a Sociolinguistic Experiment: The Case of Modern Norwegian

Published in print:
2014
Published Online:
January 2015
ISBN:
9780748637829
eISBN:
9781474400855
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748637829.003.0009
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

The final chapter sums up the book, with two major conclusions: 1. Far-reaching results of language planning are possible if the planning is consistant with the dominant contemporary ideology. This ... More


Diplomatic Law Today: Has the Vienna Convention Met Its Expectations?

Paul Behrens

in Diplomatic Law in a New Millennium

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795940
eISBN:
9780191837128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795940.003.0020
Subject:
Law, Public International Law, Private International Law

The last chapter examines the question whether the VCDR is indeed an unmitigated success story. It acknowledges the popularity of the instrument and the clarification it brought to several points of ... More


Legal Argumentation as Rational Discourse

Robert Alexy

in Law's Ideal Dimension

Published in print:
2021
Published Online:
August 2021
ISBN:
9780198796831
eISBN:
9780191838507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198796831.003.0020
Subject:
Law, Philosophy of Law

The discourse model of legal argumentation is presented in this chapter as a reaction to the weaknesses or deficiencies of alternative models. The most important alternative models are the model of ... More


The Anti-Deprivation Rule and the Pari Passu Principle

Rebecca Parry, Sharif Shivji, and Guy Olliff-Cooper

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0013
Subject:
Law, Company and Commercial Law

The underlying principle governing the application of assets in liquidation and bankruptcy is distribution in accordance with a system of priorities in which a creditor’s place is determined ... More


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