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Accident  

Daniel Williams

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter explores some legal and literary ramifications of “accident” in British law and society from the late eighteenth through the early twentieth century. This period saw changes in ... More

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

Affect and Empathy Studies  

Suzanne Keen

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter discusses two domains of research into and theorizing about human emotions of interest to legal theorists and practitioners in the law. Written by a non-lawyer with expertise ... More

Agonism, Democracy, and Law  

Panu Minkkinen

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter begins by examining the origins of agonism in the German philosopher Friedrich Nietzsche’s early text “Homer’s Contest.” It then attempts to formulate a political ... 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

An Anthropological Perspective on Legal Pluralism  

Sally Engle Merry

Print publication date:
Sep 2020
Online publication date:
Oct 2020
The concept of legal pluralism has proved enormously fruitful in challenging ideas about the centrality of state law and increasing awareness of the diversity of ways that individuals ... More

Anthropological Roots of Global Legal Pluralism  

Keebet von Benda-Beckmann and Bertram Turner

Print publication date:
Sep 2020
Online publication date:
Oct 2020
Since the turn of the century, the term “legal pluralism” has seen a remarkable rise in interest. It is now widely accepted, although it was long rejected in legal studies. When legal ... More

An Anti-Liberal Defense of Free Speech: Foundations of Democracy in the Western Philosophical Canon  

Eric Heinze

Print publication date:
Dec 2019
Online publication date:
Jan 2020
Western democracies have determined the extent and limits of free expression largely within rights-based frameworks. As captured by Mill’s classically liberal “harm principle,” expression ... More

The Anti-Rape and Battered Women’s Movements of the 1970s and 1980s  

Leigh Goodmark

Online publication date:
Jun 2021
The anti-rape and battered women’s movements of the 1970s and 1980s grew out of the women’s liberation movement. Early grassroots organizing around responding to rape and domestic violence ... More

The Application of Non-State-Based Standards in International Arbitration  

Shahla Ali

Print publication date:
Sep 2020
Online publication date:
Oct 2020
The inevitable interaction of legal and quasi-legal systems and norms across territorial borders not only impacts individuals as members of multiple communities (both territorial and ... 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

Autonomy and Pluralism in Private Law  

Hanoch Dagan

Print publication date:
Nov 2020
Online publication date:
Nov 2020
This chapter addresses the significant subsets of private law—notably, but not only, property and contract—which contribute to people’s autonomy. It argues that private law is guided by an ... More

Book History  

Henrike Manuwald

Print publication date:
Dec 2019
Online publication date:
Jan 2020
Book history, understood broadly as the analysis of written communication, interacts with legal studies in two main areas: first, legal rules frame the production and dissemination of books ... More

Boundaries, Walls, Envelopes, Rooms, and Other Spatialities of Law  

Timothy Hyde

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter outlines the several scales at which material arrangements of architecture, urbanism, and territory are bound up with surrounding legal contexts. Using these three scales, the ... More

Challenging the Legal Self Through Performance  

Marett Leiboff

Print publication date:
Dec 2019
Online publication date:
Jan 2020
This chapter reconsiders and reorients performance as a critical practice in law and the humanities, turning away from the philosophically and sociologically inflected variants of ... More

Civil and Common Law  

Lionel Smith

Print publication date:
Nov 2020
Online publication date:
Nov 2020
This chapter aims to answer the question, “what can the civil law tradition tell us about the New Private Law?” It seeks to do this by offering one civilian's perspective on private law, on ... More

Civil Recourse Theory  

Benjamin C. Zipursky

Print publication date:
Nov 2020
Online publication date:
Nov 2020
This chapter examines civil recourse theory. The phrase “civil recourse theory” has developed two connotations, suggesting: (1) a structural theory of the normative underpinnings of private ... 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

Comics  

Hillary Chute

Print publication date:
Dec 2019
Online publication date:
Jan 2020
The art form of comics has been at center of heated global free speech debates, which remain among the defining issues of our time, particularly as they map onto cultural and religious ... 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 of ... More

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