You are looking at  1-10 of 68 articles  for:

  • Jurisprudence and Philosophy of Law x
Clear All

View:

Adjudication  

William Lucy

Print publication date:
Jan 2004
Online publication date:
Sep 2012
This article introduces the rationality and legitimacy conditions and positions them within contemporary sceptical and non-sceptical accounts of adjudication. Two sections are concerned ... More

Anglo-Muhammadan Law  

Syed Adnan Hussain

Online publication date:
Sep 2017
This article examines the historical origins, sources, and subject-matter jurisdiction of Anglo–Muhammadan law, along with its influence on the trajectories of Islamic law. After providing ... More

Authority  

Scott J. Shapiro

Print publication date:
Jan 2004
Online publication date:
Sep 2012
This article brings out the paradoxical nature of authority and discusses the solutions that have been offered on authority's behalf. It further examines two revisionist strategies. The ... More

The Classical Period: Scripture, Origins, and Early Development  

Mariam Sheibani, Amir Toft, and Ahmed El Shamsy

Online publication date:
Apr 2017
This article examines whether the Qur’an served as a source for the early jurists during the classical period; whether Hadith reports contain authentic information regarding Muhammad’s ... More

Conflict of Laws and the Internet  

Uta Kohl

Print publication date:
Jul 2017
Online publication date:
Feb 2017
This chapter documents the extreme stresses that cyberspace applies to state law by examining how private international law, or conflict of laws, has responded to the online global world. ... More

Constitutional and Statutory Interpretation  

Kent Greenawalt

Print publication date:
Jan 2004
Online publication date:
Sep 2012
This article discusses relatively established theories with respect to statutory and constitutional interpretation. Written constitutions and statutes provide authoritative directions for ... More

Constitutional Interpretation: On Issues of Ontology and of Interlegality  

Stéphane Beaulac

Print publication date:
Oct 2017
Online publication date:
Nov 2017
The chapter addresses, first, the ontological issue of whether the interpretation of a constitution is fundamentally different than the construction of statutes. Based on a comparison of ... More

Constitutionalism  

Mark E. Brandon

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines constitutionalism in the United States, with particular emphasis on its origins and the problems of constitutional failure. It begins with an overview of the origins ... More

Delivering Justice: The Monarch’s ʿ Courts and the in Safavid Iran  

Rula Jurdi Abisaab

Online publication date:
Oct 2017
This article examines the relationship between the ʿurfī (monarchical/sultanic) and the sharīʿa courts in the administration of justice in Safavid Iran. In particular, it considers the ... More

Early Twentieth-Century Positivism Revisited  

Mónica García-Salmones Rovira

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter focuses on Lassa Oppenheim’s (1858–1919) groundbreaking work on the legal theory of international law, which was written at the beginning of the twentieth century. Oppenheim’s ... More

View: