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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

Print publication date:
Nov 2018
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

Print publication date:
Nov 2018
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

Critical legal studies: Europe  

Emilios Christodoulidis and Johan van der Walt

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter traces the tradition of critical theory in Europe in the way it has informed and framed legal thought. A key, and distinctive, element of this legal tradition is that it ... More

Delivering Justice: The Monarch’s ‘Urfi Courts and the Shari‘a in Safavid Iran  

Rula Jurdi Abisaab

Print publication date:
Nov 2018
Online publication date:
Oct 2017
This article examines the relationship between the ‘urfi (monarchical/sultanic) and the shari‘a 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

Evidence and Argument: The Truth of Prestige and its Performance  

Elizabeth A. Meyer

Print publication date:
Oct 2016
Online publication date:
Nov 2016
The human qualities, types of arguments, and the varieties of evidence that brought victory in a Roman courtroom are the subject of long controversy. The argument offered here is that ... More

The Evolution of Theory and Method in Law and Finance  

Simon Deakin

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter traces the evolution of theories and methods in law and finance following the financial crisis in 2008. It begins by analysing the notion of financial (and other) markets as ... More

Exclusive Legal Positivism  

Andrei Marmor

Print publication date:
Jan 2004
Online publication date:
Sep 2012
This article considers some of the conceptual relations between the conventionally identified sources of law and the idea of legal validity. It begins with the discussion of concept of ... More

Falsafa and Law  

Andrew March

Print publication date:
Nov 2018
Online publication date:
Jan 2016
This article examines the place of law in the falsafa (philosophy) tradition. Political philosophy was largely a derivative topic for the philosophers of the Islamic world. One indication ... More

Feminist Approaches to International Law  

Dianne Otto

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter describes encounters between feminism and international law in four parts. It begins by outlining the diversity of feminist visions for (and against) international law to ... More

Feminist Historiography of Law: An Exposition and Proposition  

Maria Drakopoulou

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter examines how feminist legal history is conceived of as a unified field of study. The first part surveys the current state of the field, and by setting aside national borders ... More

Formalism  

Martin Stone

Print publication date:
Jan 2004
Online publication date:
Sep 2012
This article is concerned with ‘formalism’, as it appears, as a term of criticism in the tradition of thought originating with Holmes and the Realists. It presents two examples of the ... More

Hannah Arendt and International Law  

Deborah Whitehall

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter reconsiders the arc of Hannah Arendt’s (1906–1975) writings about international law. Her scattered remarks present a careful pattern of demands upon international law, ... More

Hans Kelsen and the Return of Universalism  

Jochen von Bersnstorff

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter illustrates the deep structure of the Kelsenian approach to international law from an intellectual history perspective. Hans Kelsen (1881–1973) was a Viennese law professor in ... More

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