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A New Theory of Jurisdiction in International Law

Cedric Ryngaert

in Jurisdiction in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199544714
eISBN:
9780191719943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544714.003.0006
Subject:
Law, Public International Law

This chapter focuses on jurisdictional reasonableness. It argues that reasonable jurisdiction could emerge through transnational communicative networks wiring State, international, and private ... More


Administration of German Criminal Justice Under Military Government: (July 29,1944)

Otto Kircheimer

in Secret Reports on Nazi Germany: The Frankfurt School Contribution to the War Effort

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691134130
eISBN:
9781400846467
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691134130.003.0021
Subject:
History, Military History

This chapter discusses the administration of criminal justice in Germany under military government. The report claims that German criminal law conflicts in many respects not only with the theories ... More


Criminal Law

JR Spencer

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0038
Subject:
Law, Legal History

This chapter evaluates the contribution of the House of Lords to the development of English criminal law. By this, it means substantive law: for reasons of space, and to avoid overlap with other ... More


Law and “Smart” Technologies

Susan W. Brenner

in Law in an Era of “Smart” Technology

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195333480
eISBN:
9780199855353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333480.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explains why our relationship with technology will move from use to interaction. It also explains why the approach we have relied upon to control misuse then becomes unsuitable. It ... More


How Law Works

Ross Cranston

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.001.0001
Subject:
Law, Legal Profession and Ethics

Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and ... More


Mediation: Comparison of Laws, Regulatory Models, Fundamental Issues

Klaus J. Hopt and Felix Steffek

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0001
Subject:
Law, Comparative Law, Private International Law

This chapter analyses the law and principles of mediation from a comparative perspective and develops regulatory models. The chapter commences with an overview of the development of mediation in the ... More


Relational Reasons and the Criminal Law 1

R. A. Duff

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/9780199679829.003.0006
Subject:
Law, Philosophy of Law

This chapter addresses questions concerning the kinds of reason that the criminal law of a tolerably just society offers those whom it claims to bind. It defends three claims. First, the normative ... More


Foreign Affairs in English Courts

F. A. Mann

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255642
eISBN:
9780191681615
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255642.001.0001
Subject:
Law, Public International Law

This book describes and analyses the attitudes and techniques which English judges adopt or ought to adopt when confronted with problems arising from the conduct of foreign policy by the Executive. ... More


Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Anthony Arnull, Piet Eeckhout, and Takis Tridimas (eds)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.001.0001
Subject:
Law, EU Law

This book commemorates the career of Sir Francis Jacobs KCMG QC, who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006. This ... More


Contrasting the Normative and Historical Foundations of Transitional Justice and Jus Post Bellum: Outlining the Matrix of Definitions in Comparative Perspective

Jens Iverson

in Jus Post Bellum: Mapping the Normative Foundations

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685899
eISBN:
9780191765841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685899.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter contrasts Transitional Justice and jus post bellum in order to create a clearer definition and understanding of each. The terms are evaluated not as essentialist truths but as terms that ... More


Conclusion

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0009
Subject:
Law, Law of Obligations

This chapter reviews the differences in the systems of substantive English and French governmental law in liability in terms of the approach, philosophy, and procedural factors, and similarities in ... More


French Law: A Comparative Approach

Eva Steiner

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.001.0001
Subject:
Law, Comparative Law

This second edition provides an authoritative, thorough, and updated account of the French Legal System and its internal workings. It explains both the institutions and substantive law along with the ... More


The Limits of Process

Robin West

in Getting to the Rule of Law: NOMOS L

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814728437
eISBN:
9780814728789
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814728437.003.0002
Subject:
Political Science, Political Theory

This chapter discusses how there is some significance in expanding the rule of law to include a procedural dimension, particularly given contemporary national, global, and political realities. Due to ... More


Essays in Criminal Law in Honour of Sir Gerald Gordon

James Chalmers and Fiona Leverick

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.001.0001
Subject:
Law, Criminal Law and Criminology

This book honours the work of Sir Gerald Gordon CBE QC LLD (1929– ). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to ... More


The International Court of Justice: Selected Issues of State Responsibility*

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0081
Subject:
Law, Public International Law

Issues of state responsibility have engaged the attention of both the Permanent Court of International Justice and the International Court of Justice (ICJ). Issues of state responsibility before the ... More


Taking Stock

E. Allan Farnsworth

in Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276110
eISBN:
9780191699887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276110.003.0014
Subject:
Law, Law of Obligations

In contrast to inculpating mistakes which are asserted by those whose claims are based on carelessness or faulty decision of the mistaken party, alleviating mistakes are asserted by the mistaken ... More


Replicating Secondary Rights: Equitable Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter deals with a number of equitable remedies which do or may replicate rights arising from wrongs. It shows that the substantive law in this area is still in a process of development. ... More


India’s Rule of Law: A Theoretical Analysis

Harish Narasappa

in Rule of Law in India: A Quest for Reason

Published in print:
2018
Published Online:
January 2019
ISBN:
9780199484669
eISBN:
9780199093717
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199484669.003.0002
Subject:
Law, Constitutional and Administrative Law

The provisions of the Constitution, mainly the Preamble and Parts III and IV are examined and analysed to evaluate if they go beyond formalism. Focusing on equality, fraternity, and liberty as ... More


Issues of State Responsibility before the International Court of Justice

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0080
Subject:
Law, Public International Law

Issues of state responsibility have engaged the attention of both the Permanent Court of International Justice and the International Court of Justice (ICJ). Issues of state responsibility before the ... More


Conclusion: Emerging Possibilities for Social Transformation

Robin Stryker and LaDawn Haglund

in Closing the Rights Gap: From Human Rights to Social Transformation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780520283091
eISBN:
9780520958920
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283091.003.0015
Subject:
Sociology, Law, Crime and Deviance

This chapter uses the MAPs framework to organize and synthesize findings presented in this volume, offering an inter-related set of 40 hypotheses to guide future theorizing, research, advocacy, and ... More


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