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Human Rights, Legality, and the ECHR

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0002
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The chapter seeks to locate the foundations of the ECHR rights within broader philosophical accounts of human rights. It argues that there is ‘no one-size-fits-all’ theory of human rights because ... More


Must We Pay for the British Museum? Taxation and the Harm Principle

John Stanton-Ife

in Philosophical Foundations of Tax Law

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198798439
eISBN:
9780191839436
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198798439.003.0003
Subject:
Law, Philosophy of Law, Company and Commercial Law

One of the best known and most influential ideas in the history of liberal political philosophy is the harm principle. State coercion can only be legitimately imposed to prevent harm to others, as ... More


Consent, coercion and consequences of the Corrib gas conflict

Amanda Slevin

in Gas, Oil and the Irish State: Understanding the Dynamics and Conflicts of Hydrocarbon Management

Published in print:
2015
Published Online:
January 2017
ISBN:
9781784992743
eISBN:
9781526115355
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781784992743.003.0010
Subject:
Sociology, Economic Sociology

In the preceding chapter, Gramsci's analysis of hegemony and the state provided further insights into the Irish state's management of its gas and oil in terms of: the taken-for-granted consent ... More


State Coercion and Criminal Punishment

Sungmoon Kim

in Democracy after Virtue: Toward Pragmatic Confucian Democracy

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190671235
eISBN:
9780190671266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190671235.003.0005
Subject:
Political Science, Political Theory, Democratization

This chapter proposes a novel normative framework for criminal punishment, called the value theory of criminal punishment, as an alternative to desert-based retributivism. Contrary to retributivists ... More


Buddhist Resistance against the State

Juliane Schober

in Modern Buddhist Conjunctures in Myanmar: Cultural Narratives, Colonial Legacies, and Civil Society

Published in print:
2010
Published Online:
November 2016
ISBN:
9780824833824
eISBN:
9780824871635
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824833824.003.0007
Subject:
Religion, Buddhism

This chapter looks at the ways in which Buddhist identities helped mobilize resistance against the colonial government and against military regimes throughout the twentieth century. A common theme ... More


Resistance grows

Amanda Slevin

in Gas, Oil and the Irish State: Understanding the Dynamics and Conflicts of Hydrocarbon Management

Published in print:
2015
Published Online:
January 2017
ISBN:
9781784992743
eISBN:
9781526115355
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781784992743.003.0002
Subject:
Sociology, Economic Sociology

Opposition to the Corrib gas project entered a new phase in mid-2005 when five men were jailed for refusing to obey a High Court injunction taken against them by Shell. Rather than dissuade people ... More


‘No Good for Business’: States of Crime in the 1920s and 1930s

Andrew Pepper

in Unwilling Executioner: Crime Fiction and the State

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198716181
eISBN:
9780191784347
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716181.003.0006
Subject:
Literature, Criticism/Theory, Film, Media, and Cultural Studies

This chapter explores the complex affiliations between crime stories by Dashiell Hammett, Georges Simenon, and Bertolt Brecht and their not necessarily synonymous responses to state repression in the ... More


Equity, Justice, and Conscience: Suitors Behaving Badly?

JE Penner

in Philosophical Foundations of the Law of Equity

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198817659
eISBN:
9780191859151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817659.003.0004
Subject:
Law, Philosophy of Law

This chapter assesses whether equity employs a distinctive moral criterion when it intervenes in people’s legal rights. It offers a different account about the extent and justification for the way in ... More


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