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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

Comparative Law and Comparative Knowledge  

Nils Jansen

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter sets out to clarify the ideas of comparison and comparative knowledge. It analyses different approaches to these two issues, both from an analytical perspective and by means ... More

Comparative Law and Critical Legal Studies  

Ugo Mattei

Print publication date:
Mar 2019
Online publication date:
May 2019
The contribution of Critical Legal Studies to comparative law is a matter of considerable international interest, not only in light of the remarkable presence of the movement in several ... More

Comparative Law and Language  

Vivian Grosswald Curran

Print publication date:
Mar 2019
Online publication date:
May 2019
The study of language is a cognitive model for comparative law. Language’s own dependence on translation is instructive in understanding comparative law in terms of the contrasting ... More

Comparative Law and Legal Culture  

Roger Cotterrell

Print publication date:
Mar 2019
Online publication date:
May 2019
The idea of legal culture has had an important place in major recent debates about the nature and aims of comparative law. The idea of legal culture entails that law should be treated as ... More

Comparative Law in Legal Education  

Nora V. Demleitner

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter discusses comparative law within the framework of legal education in North America and Europe. It first considers some of the key debates surrounding the teaching of ... More

Comparative Law, Transplants, and Receptions  

Michele Graziadei

Print publication date:
Mar 2019
Online publication date:
May 2019
The comparative study of transplants and receptions investigates the patterns of change triggered by contacts among laws and legal cultures. The study of legal transfers offers ... More

Comparative Law: Study of Similarities or Differences?  

Gerhard Dannemann

Print publication date:
Mar 2019
Online publication date:
May 2019
Comparing legal systems involves, at least to some degree, exploring both similarities and differences. For some writers, this forms part of the definition of comparative law. Some ... 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

Deepening the Conversation between Socio-Legal Theory and Legal Scholarship about Jurisdiction  

Mariana Valverde

Print publication date:
Aug 2019
Online publication date:
Oct 2019
This chapter examines the relationship between social theory and legal studies, paying close attention to the theoretical implications of specific legal technicalities by borrowing ... 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

Empirical Analysis of Fiduciary Law  

Jonathan Klick and Max M. Schanzenbach

Print publication date:
May 2019
Online publication date:
May 2019
This chapter offers an empirical analysis of fiduciary law, focusing on whether fiduciaries react to changes in fiduciary standards and which fiduciary rules maximize social welfare. ... More

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