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Philosophy of Private Law

William Lucy

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198700685
eISBN:
9780191706745
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198700685.001.0001
Subject:
Law, Philosophy of Law

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we ... More


Internal Constraints on Criminalization

Douglas Husak

in Overcriminalization: The Limits of the Criminal Law

Published in print:
2007
Published Online:
January 2008
ISBN:
9780195328714
eISBN:
9780199869947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328714.003.0002
Subject:
Philosophy, Moral Philosophy

This chapter argues that the criminal law itself, and especially its so‐called “general part,” is the source of four internal constraints on the authority of the state to enact and enforce penal ... More


Fact as Non-Law and the Limits on its Relevance

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0006
Subject:
Law, Public International Law

This chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts ... More


Exceptions in International Law

Lorand Bartels and Federica Paddeu (eds)

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.001.0001
Subject:
Law, Public International Law, Philosophy of Law

In international law, as in every legal system, rules are invariably subject to exceptions. This book brings together experts in legal theory and international law to investigate this phenomenon from ... More


A Three-Part Framework for Analysis

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0004
Subject:
Law, Philosophy of Law, Employment Law

This chapter focuses on three kinds of moral element found in any criminal offense: (1) mens rea (or omission of mens rea), (2) harmfulness, and (3) moral wrongfulness. This three-part framework is ... More


Cheating

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0005
Subject:
Law, Philosophy of Law, Employment Law

This chapter offers a ‘normative reconstruction’ of the concept of cheating. It seeks to develop a framework for thinking critically about a paradigmatic concept of cheating; and, if not to reach ... More


Promise-Breaking

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0010
Subject:
Law, Philosophy of Law, Employment Law

Legal theorists have made significant contributions to our understanding of the concept of promising. But their focus has almost invariably been on the law of contract. In light of the minimal degree ... More


Bribery

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0017
Subject:
Law, Philosophy of Law, Employment Law

Bribery has a claim to being the quintessential white-collar crime: its perpetrators are typically upper-income professionals; it is invariably committed in the context of governmental or commercial ... More


Wrongfulness

Jules L. Coleman

in Risks and Wrongs

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253616
eISBN:
9780191719776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253616.003.0018
Subject:
Law, Law of Obligations, Philosophy of Law

There are two essential components in the concept of corrective justice: wrongfulness and responsibility. Only wrongful losses fall within the ambit of corrective justice. Responsibility for them ... More


Measures adopted in response to international terrorism

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592999
eISBN:
9780191729102
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592999.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

Chapter 5 analyses the implementation of State responsibility for international terrorism through the adoption of non-military measures aimed at securing a wrongdoing State’s compliance with its ... More


Understanding the Topography of Moral and Criminal Law Norms

Kenneth W Simons

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0011
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter explores the following questions. Should criminal law norms be relatively general? Or instead should criminal law norms be relatively specific? Recent codification movements tend to ... More


Philosophical Foundations of Fault in Tort Law

DAVID G. OWEN

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0010
Subject:
Law, Philosophy of Law

In this chapter, the inquiry into the nature of fault in tort law involves an examination of the philosophical foundations of choice, action, and harmful conduct. First to be explored are the broad ... More


Damnum Iniuria Datum (Loss Wrongfully Caused)

Peter Birks

in The Roman Law of Obligations

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198719274
eISBN:
9780191788543
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198719274.003.0009
Subject:
Law, Law of Obligations, Legal History

This chapter examines the delict of loss wrongfully caused (damnum iniuria datum). It pays particular attention to the notions of loss (damnum), wrongfulness (iniuria) and fault (culpa) under the ... More


Defences in the Law of State ResponsibilityA View from Jurisprudence

Luís Duarte d’Almeida

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0010
Subject:
Law, Public International Law, Philosophy of Law

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and ... More


Clarifying the Concept of Circumstances Precluding Wrongfulness (Justifications) in International Law

Federica Paddeu

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0011
Subject:
Law, Public International Law, Philosophy of Law

This chapter seeks to clarify the concept of circumstances precluding wrongfulness in international law which, according to Ian Brownlie, is a concept that ‘had never been properly worked out’ by the ... More


Seven Ways of Escaping a Rule: Of Exceptions and Their Avatars in International Law

Jorge E. Viñuales

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0005
Subject:
Law, Public International Law, Philosophy of Law

The purpose of this chapter is, first, to identify seven legal techniques through which certain situations that could otherwise fall within the scope of a rule or a set of rules are excluded from it ... More


The Compelling Law of Jus Cogens and Exceptions to Peremptory Norms: To Derogate or Not to Derogate, That Is the Question!

André de Hoogh

in Exceptions in International Law

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198789321
eISBN:
9780191831171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789321.003.0008
Subject:
Law, Public International Law, Philosophy of Law

In this chapter, the problematic of exceptions to peremptory norms is investigated in view of the defining feature of jus cogens rules as not admitting of derogation. This problematic appears ... More


Reasons to Criminalize

Vincent Chiao

in Criminal Law in the Age of the Administrative State

Published in print:
2018
Published Online:
December 2018
ISBN:
9780190273941
eISBN:
9780190273965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190273941.003.0005
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter extends the public law conception to the theory of criminalization. The first half of the chapter is devoted to considering whether the criminal law has a privileged subject matter or ... More


The Personal Inviolability of Diplomatic Agents in Emergency Situations

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/9780198795940.003.0006
Subject:
Law, Public International Law, Private International Law

Personal inviolability is one of the oldest rights of diplomatic agents and is often considered to be at the root of diplomatic immunity. The wording it received in the Vienna Convention does not ... More


Host State’s Defences against Conflict-Related Investment Claims

Jure Zrilič

in The Protection of Foreign Investment in Times of Armed Conflict

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198830375
eISBN:
9780191868634
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830375.003.0005
Subject:
Law, Public International Law

This chapter explores the defence tools that a host state can use against conflict-related investment claims. The first part analyses security exceptions which have been introduced to investment ... More


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