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1
See, judge, act: Catholic social teaching and service learning. Winona, MN: Anselm Academic, 2013.
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2
Courts, Ontario Surrogate, ed. General rules and orders of the Surrogate Courts, Ontario: As directed by the judges appointed under the 14th sec., Surrogate Courts Act, 1858 : including rules as to guardianships, under 8 Geo. IV, cap. 6, forms, tables of fees, &c. Toronto: Rowsell & Hutchison, 1986.
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3
Courts, Canada Surrogate. General rules and orders of the Surrogate Courts, Upper Canada: As directed by the judges appointed under the 14th sec., Surrogate Courts Act, 1858 : including rules as to guardianships, under 8 Geo. IV, cap. 6, forms, tables of fees, &c. Toronto: Thompson, 2001.
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4
Committee, New Jersey Legislature Senate Judiciary. Public hearing before Senate Judiciary Committee: Senate bill no. 2363 ("Uniform Interstate Family Support Act") and ("New Jersey Child Support Program Improvement Act"). Trenton, N.J: The Committee, 1998.
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5
See, Judge, Act: Catholic Social Teaching and Service, Revised Edition. Saint Mary's Press of Minnesota, 2018.
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6
Yoon, Albert. Federal Judicial Tenure. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.10.
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When an Article III federal judge concludes their active service on the bench, she effectively abdicates her seat and enables the president and Senate to choose her successor. Some judicial scholars argue that political factors motivate this decision. More recent scholarship, however, provide strong evidence that judicial pensions largely explain how long a judge maintains active status. By comparison, political and institutional factors do not have a meaningful effect. At the same time, judges, when ending active status, remain on the bench as senior judges notwithstanding the small financial incentives to chose it over full retirement. Taken together, judges’ behave rationally, while at the same time exhibiting strong institutional commitment to the federal bench.
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Alarie, Benjamin, and Andrew J. Green. The Influence of the Parties on Judges. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199397594.003.0007.
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High courts differ in the processes for choosing who sits on the court, the size and composition of panels, and the cases the court hears. Once the case is before the court, a judge may also be influenced by the parties that appear in the appeal. This chapter examines this influence. The government, for example, tends to be more successful in many cases than other parties. This success may be due, for example, to the government having more resources than other parties or being a repeat player in front of the court. Further, judges seem to at least be modestly influenced by interveners, who are not actually the parties to the appeal but seek to provide additional information. Judges appear to consider the information provided by the interveners in some contexts, though the presence of interveners also appears connected to an increase in the probability of a judge dissenting.
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Alarie, Benjamin, and Andrew J. Green. Norms, Leadership, and Consensus. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199397594.003.0008.
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This chapter examines how judges are influenced not only by formal rules of how the court is to arrive at decisions, but also by norms of decision-making. It discusses the existence and strength of norms of consensus on different courts. Courts vary to a surprising extent in the size and causes of disagreement amongst judges. The two most extreme cases in our sample are the US Supreme Court, with over half of the cases having at least one dissent, and the Indian Supreme Court where only about 5 percent of cases involve a dissent. We find evidence that, depending on the country, a judge is influenced in whether she dissents by policy differences with other judges and her own workload. However, a judge’s decision to dissent also appears related to the background norms of whether it is acceptable to dissent, and the leadership of the chief justice or president of the court.
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Yao, Vida. Strong-willed Akrasia. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805601.003.0002.
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To act akratically is to act, knowingly, against what you judge is best for you to do, and it is traditionally assumed that to do this is to be weak-willed. Some have rejected this identification of akrasia and weakness of will, arguing that the latter is instead best understood as a matter of abandoning one’s reasonable resolutions. This paper also rejects the identification of akrasia and weakness of will, but argues that this alternative conception is too broad, and that weakness of will is best understood in relation to certain kinds of pain and pleasure. Moreover, the phenomenon of strong-willed akrasia, cases in which a person must exhibit strength of will to do precisely what she judges she should not do, suggests that strength of will is an executive virtue, and that being weak-willed is just one way (among others) in which a person can fail to manifest this virtue.
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Caps, John. Off to See the World. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036736.003.0010.
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This chapter details events following Mancini's break with Blake Edwards. While the break was a private event that seemed to put his future career into a state of flux, Mancini sensed a chance to advance, an opportunity in the making, when a phone call reached him at that songwriting contest in Rio. It was Paramount Studios calling. They had been bankrolling a gritty film about the 1876 Irish coal miners' strike in Pennsylvania called The Molly Maguires (1970), and the project was in trouble. The film was being judged too monotone and grim, while the music was deemed too little, too light, casting the drama into doubt. The studio' thought was that with a little more color in the score, and especially a firmer sense of musical drama, the whole momentum of the film might be lifted. And from Mancini's point of view this was just the breath of fresh air that this composer-in-transition had wanted. Almost immediately on finishing The Molly Maguires, Mancini would receive another surprise call from even further afield, announcing that the great Italian neorealist director Vittorio De Sica and the great producer Carlo Ponti wanted to work with him in the film I Girasoli (1970), soon to take the American title Sunflower.
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Alarie, Benjamin, and Andrew J. Green. Slipping Through the Screen. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199397594.003.0006.
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In general, judges on high courts do not just have a set of appeals given to them and make a decision. To a greater or lesser extent the judges also choose the cases they hear through various means of docket control. This chapter discusses how the rules about how courts are designed influence the set of cases the court hears. Judges take into account various factors such as their overall workload and signals of the importance of the case. In addition, however, they also at times consider the potential outcomes of the appeal, choosing cases to get a result by either overturning or affirming the decision. Judges may also avoid hearing a case if there is a risk that a hearing will result in an outcome they do not want.
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Pascal, Pichonnaz. Ch.8 Set-off, Art.8.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0166.
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This commentary analyses Article 8.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning set-off by notice. Under Art 8.3, the right of set-off is exercised by notice to the other party. This means that set-off can operate outside a courtroom and has a discharging effect on the obligation of the first party without the intervention of a judge or arbitrator. This commentary discusses the principle of set-off by notice, the form of notice of set-off, and time to give notice (‘anticipatory notice’). It also considers two other modes of set-off, set-off within insolvency proceedings and set-off by agreement, and concludes by explaining the burden of proof relating to set-off by notice.
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Carusi, Annamaria. Modelling Systems Biomedicine: Intertwinement and The ‘Real’. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474400046.003.0002.
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At a conference on developing the capacity of systems biology to transform itself in systems biomedicine, several of the scientists’ presentations showcase the computational modelling methods they are developing. Drawing towards the end of his presentation, an experienced pharmacologist admonishes the audience to bear in mind that, despite the progress in modelling techniques that he has been discussing, a model is always just a representation and never reality. At this point, there is a PowerPoint slide showing Magritte’s painting, This is not a Pipe, and chuckling from the audience. It will not have been the first time that they have seen it, as the painting is by now a trope running through these events, rivalled only by the quotation from George Box: ‘Essentially all models are wrong, but some are useful.’ Indeed, I have taken up this trope myself, but find that I need to judge my audience carefully when choosing what to move on with. ‘On Exactitude in Science’, but more problematic is to follow up with Picasso’s portrait of Gertrude Stein, together with the quotation attributed to Picasso: ‘Everybody says that she does not look like it but that does not make any difference, she will.’
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Lisa, Curran. 18 Italy. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0018.
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This chapter discusses the law of set-off in Italy. Under Italian law, set-off is recognised as a mechanism for extinguishing an obligation. The Civil Code classifies set-off by operation of law, by intervention of the judge, or by the will of the parties. The Code also lays down particular rights of combination with regard to amounts credited and debited to current accounts, as well as specific rights of set-off with regard to balances of a plurality of accounts or other relationships between a bank and its customer. The chapter first provides an overview of legal and contractual set-off between solvent parties before analysing set-off against insolvent parties. It examines the relevant provisions of the Italian Bankruptcy Law and the question of voidable preferences with respect to set-off. It also looks at issues arising from cross-border set-off between solvent parties and cross-border set-off against insolvent parties.
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Barnard, Robert, Joseph Ulatowski, Jonathan M. Weinberg, and Bradley Armour-Garb. Thinking about the Liar, Fast and Slow. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199896042.003.0003.
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In the past, experimental philosophers have explored the psychological underpinning of a number of notions in philosophy, including free will, moral responsibility, and more. But prior to this chapter, although a number of philosophers have speculated on how ordinary folks might, or should, think about the liar paradox, no one had systematically explored the psychological underpinnings of the Liar itself. The authors take on this task. In particular, the chapter investigates the status of a liar sentence, L = ‘Sentence L is false’. The thesis, arrived at by interpreting the data the authors have accrued, is that reflective thinkers (some of whom possess a modicum of philosophical expertise) judge L to be neither true nor false (as opposed to false or true), and the authors see this as some evidence for the claim that L is neither true nor false.
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Matthews, Victor H. Settlement and Competition in Iron Age I Canaan. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190231149.003.0003.
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This chapter examines the forces (environmental, economic, and political) that contributed to the nearly complete transformation of the eastern Levant at the end of the Late Bronze Age, including the super-power struggles between the Egyptians and the Hittite empire for control of Syria-Palestine that consumed much of their energy during the twelfth century BCE. Of equal importance is the invasion of the region by the people collectively known as the Sea Peoples. The ripple effect of that invasion, which resulted in the establishment of Philistine city-states along the Coastal Plain, transforms Canaan and provides the opportunities for new peoples, including the Proto-Israelites, to settle in the Central Highlands. Focus here will be on the challenges faced by these new peoples as they adapt to their environmental conditions with attention given to the stories in the Book of Judges. Subsequent economic and military rivalries between the Philistine city-states and the highland peoples set the stage for the development of the Israelite monarchy.
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Maslen, Cei. Pragmatic Explanations of the Proportionality Constraint on Causation. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198746911.003.0004.
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This chapter examines the case for a proportionality constraint on causation. A range of examples seem to show that we prefer causes to be proportional to their effects. To use Yablo and Williamson’s example, when investigating causes of an injury we tend to judge ‘being hit by a red bus’ to be too specific, ‘being hit’ to be too general, and ‘being hit by a bus’ to be about right. In this chapter, some pragmatic explanations of this preference are presented and compared to each other. It is then argued that a version of a contrastivist approach to causation gives the best explanation. Some consequences for mental causation and causal claims at different levels are also discussed.
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Penrose, Angela. The Lattimore case. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198753940.003.0008.
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Edith’s career and collaboration with Fritz Machlup at Johns Hopkins University flourished and she began work on the growth of the firm, and studied the Hercules Powder Company. As Cold War tensions increased during the 1950s she and Penrose became involved in the defence of their friend and colleague Owen Lattimore who was named as the top Soviet spy by Senator McCarthy. The chapter covers the persecution of Lattimore, his trials, the role of Judge Luther Youngdahl, and the operation of his defence fund. Other friends of E. F. Penrose became victims of the anti-communist ‘witch hunt’, he grew increasingly disillusioned with the USA, and determined he must leave. In 1953 Edith and Penrose testified before the Senate Internal Security Subcommittee. They were also investigated by the FBI. After five years the case against Lattimore was dropped. Edith’s father died and her brother Harvey was killed in an air accident.
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Gerstetter, Christiane. Substance and Style—How the WTO Adjudicators Legitimize their Decisions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816423.003.0005.
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This chapter analyses how the World Trade Organization (WTO) dispute settlement bodies legitimize their decisions and by implication also the WTO Dispute Settlement System as well as the WTO as an institution more broadly. The author argues there are two relevant dimensions for understanding how judges legitimize judicial decisions: the substantive outcomes of cases, that is who wins and loses and what interpretations are adopted, and the way a judicial decision is justified. She concludes that the WTO dispute settlement bodies act strategically in order to win the acceptance of the member states, and ultimately legitimize this dispute settlement system as a judicial entity.
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Strohm, Paul. Conscience. Edited by James Simpson and Brian Cummings. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199212484.013.0012.
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This article considers a Christian view of conscience starting with St. Augustine’s personal crisis in hisConfessions. Augustine’s conscience sits at the margins of the self, balanced between interior and exterior. A new emphasis emerges in Protestant views of conscience, including Martin Luther’s emphasis onconscientia meain his writings and his understanding of conscience. A Reformation view of personal conscience is illustrated in Henry VIII’s frequent references to “my conscience,” and other instances. The clash of personal and collective views of conscience underlies the views of sixteenth-century judge James Hales and Marian chancellor Stephen Gardiner. The evangelically leaning Hales sees conscience as a private matter, a personal secret, unknowable to any other person. In contrast, Gardiner, a Catholic, insists that conscience is a recognizable and unproblematic entity with evident properties that make it easily identifiable.
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Johnston, Michael. Afterword. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198809975.003.0022.
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The afterword to this volume argues that seeking a triumph of anticorruption smacks of rosy self-assessments that situate us at the end of history. It continues to explain that there are at least two other major fallacies in the ways we commonly understand corruption problems. One is to assume that the standards against which we judge political actors are more or less permanent aspects of the political landscape. The second fallacy is to assume that thanks to modern conceptions of “good governance” and the role of the “neutral” state and technological innovations we have now got anticorruption figured out. The afterword concludes by emphasizing that we would be well-served if we were to look to the past, as well as to other parts of the world, with the more modest goal of learning how to ask, and seek answers for, better questions.
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James, Henry. Daisy Miller and An International Episode. Edited by Adrian Poole. Oxford University Press, 2013. http://dx.doi.org/10.1093/owc/9780199639885.001.0001.
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An inscrutable combination of audacity and innocence’ ... Young Daisy Miller perplexes, amuses, and charms her stiff but susceptible fellow-American, Frederick Winterbourne. Is she innocent or corrupt? Has he lived too long in Europe to judge her properly? Amid the romantic scenery of Lake Geneva and Rome, their lively, precarious relationship develops to a climax in the Colosseum at midnight. The tale gave James his first popular success, yet some compatriots detected treachery in its portrayal of young American womanhood. James responded with ‘An International Episode’, which exposes a couple of English gentlemen to the charm and wit of American sisters in Newport, RI and then in London. Independently read, these short masterpieces probe the manners and morals of a newly emergent transatlantic world. Together they shed light on each other, demonstrating the range of James's own manners, from sharp satire and buoyant comedy to complex, perhaps even tragic, pathos.
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Verne, Jules. Twenty Thousand Leagues under the Seas. Edited by William Butcher. Oxford University Press, 2019. http://dx.doi.org/10.1093/owc/9780198818649.001.0001.
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‘I am going to sink it.’ ‘You are not!’ ‘I am,’ he coldly replied. ‘Do not take it on yourself to judge me, monsieur.’ French naturalist Dr Aronnax embarks on an expedition to hunt down a sea monster, but discovers instead the Nautilus, a self-contained world built by its enigmatic captain. Together Nemo and Aronnax explore the underwater realms of the globe, undergo a transcendental experience amongst the ruins of Atlantis, and plant a black flag at the South Pole. Nemo';s mission is finally revealed to be a violent one-and his methods coldly efficient. Verne's classic novel has left a profound mark on subsequent centuries. Its themes are universal, its style alternately humorous and grandiose, its construction masterly. This new and unabridged translation brilliantly conveys the range of this seminal work. The volume also contains unpublished information about the novel's inception.
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James, Fowkes. Part III The Relationship Between the Judiciary and the Political Branches, 8 Relationships with Power: Re-imagining Judicial Roles in Africa. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0009.
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This chapter examines the relationship between the executive and the judiciary in Africa. It identifies a particular tendency in African scholarship to see the executive as, at best, a potential threat, and the judiciary as the body that should serve as guardian against it. This prompts calls for more constitutional protections, greater insulation of judges from politics, and bolder judicial activity. Given the often sad history of the rule of law in Africa and the general dominance of executive power on the continent, this focus is both understandable and far from misplaced. However, it should not blind us to other configurations the separation of powers can assume. Comparative experience suggests that the judicial power can increase rapidly, a possibility that deserves to be considered in the African context. Executives may also pursue more admirable constitutional goals, and in that case a relationship of cooperation, not conflict, will be possible.
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Geck, Nadja. „Mein liebes, liebes Tagebuch …“. Emotionen und emotionale Einstellungen zum Ersten Weltkrieg in Tagebüchern junger Frauen und Mädchen. Helmut Buske Verlag, 2021. http://dx.doi.org/10.46771/978-3-96769-106-1.
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Die Wahrnehmung eines jeden Menschen sowie deren Verarbeitung ist eingebettet in die soziale und kulturelle Prägung des Einzelnen. Das betrifft beispielsweise Ereignisse, andere Individuen sowie Objekte jeglicher Art. Auch der Sprachgebrauch bleibt davon nicht unberührt. Dieser Band zeigt einen Ausschnitt der Wahrnehmung der sie umgebenden Wirklichkeit von weiblichen Schreiberinnen aus dem Ersten Weltkrieg, wobei sich der Ausschnitt auf Emotionen und emotionale Einstellungen der Schreiberinnen bezieht. Diese werden mithilfe von Sprachgebrauchsmustern herausgearbeitet, um soziokulturelle Einflüsse sichtbar machen zu können. Als linguistisch geprägte Arbeit werden sprachliche Mittel sowie das Sprachgebrauchsmuster als solches diskutiert und vorgestellt. Um die Textsorte Tagebuch einzuordnen, historische Zusammenhänge sichtbar und Begriffe wie Emotion, Einstellung, Kultur greifbar zu machen, die beispielsweise auch Verwendung in der Psychologie oder Soziologie finden, ist die Arbeit interdisziplinär angelegt. Die Ergebnisse werfen ein Licht darauf, wie junge Mädchen und Frauen den Ersten Weltkrieg erlebt haben. Sie machen es damit für Menschen der Gegenwart auch möglich, ein Stück Geschichte nachzuempfinden.
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Misri, Deepti. “This Is Not a Performance!”. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038853.003.0006.
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This chapter explores a set of visual representations deployed by the Association of Parents of Disappeared Persons (APDP),the now iconic women-led organization that draws attention to the enforced disappearances of Muslim men, judged “anti-nationals” en masse by the Indian state. The APDP members utilize a performative repertoire in their public protests, such as recognizable iconography—“branding” the organization into the public eye through the use of badges, headscarves, and banners; and the insistence that “This is Not a Performance (tamasha)!” The chapter looks at some graphic and cinematic practices that have accreted around the APDP's protests, placing this range of countervisual practices against the scopic regime of the Indian state.
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Stone Peters, Julie. Law as Performance. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192898494.001.0001.
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Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done, but “seen to be done.” Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, and judges’ chambers; on scaffolds; and in the streets. It examines the legal codes, learned treatises, trial reports, lawyers’ manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that shaped the very identity of law. That identity emerged, in part, through an opposition: law stood for cool deliberation, by-the-book rules, and sovereign discipline; theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law’s realization—a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law’s power—as it still does today.
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Stone Peters, Julie. Law as Performance. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192898494.001.0001.
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Tirades against legal theatrics are nearly as old as law itself, and yet so is the age-old claim that law must not merely be done, but “seen to be done.” Law as Performance traces the history of legal performance and spectatorship through the early modern period. Viewing law as the product not merely of edicts or doctrines but of expressive action, it investigates the performances that literally created law: in civic arenas, courtrooms, and judges’ chambers; on scaffolds; and in the streets. It examines the legal codes, learned treatises, trial reports, lawyers’ manuals, execution narratives, rhetoric books, images (and more) that confronted these performances, praising their virtues or denouncing their evils. In so doing, it recovers a long, rich, and largely overlooked tradition of jurisprudential thought about law as a performance practice. This tradition not only generated an elaborate poetics and politics of legal performance. It provided western jurisprudence with a set of constitutive norms that shaped the very identity of law. That identity emerged, in part, through an opposition: law stood for cool deliberation, by-the-book rules, and sovereign discipline; theatre stood for deceptive artifice, entertainment, histrionics, melodrama. And yet legal performance, even at its most theatrical, also appeared fundamental to law’s realization—a central mechanism for shaping legal subjects, key to persuasion, essential to deterrence, indispensable to law’s power—as it still does today.
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Webb, Daniel. Inquiry into the Beauties of Painting. Thoemmes Continuum, 1998. http://dx.doi.org/10.5040/9781350276307.
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Daniel Webb (1719?-98) was an Irish writer, critic and theorist, born in Limerick and studied at Oxford. He was the author of three seminal treatises on aesthetics: An Inquiry into the Beauties of Painting (1760), Remarks on the Beauties of Poetry (1762), and Observations on the Correspondence Between Poetry and Music(1769). Reflecting a trend in theoretical discourses of the period, An Inquiry into the Beauties of Painting (1760) is arranged as a dialogue, set out as case ‘A’ and ‘B’. Topics range from ‘Our Capacity to Judge of Painting’ and ‘The Antiquity and Usefulness of Painting’ to ‘Of Design’, ‘Of Colouring’, ‘Of the Clear Obscure’ and ‘Of Composition’. In the final Dialogue, Webb demonstrates his preference for Raphael and Leonardo da Vinci’s classicalism over the Baroque style of 17th century artists, such as Lanfranc and Pietro di Cortona. This work and many of his theories of art are considered to be informed by his trip to Rome, where he met his portrait painter and artist Anton Raffael Mengs (1728-79). Mengs granted Webb access to his unpublished manuscript Gedanken über die Schönheit (1762), or ‘Thoughts on Beauty’. German theorist Johann Joachim Winckelmann (1717-1768) later accused Webb of plagiarism, citing the similarities of An Inquiry into the Beauties of Painting in terms of its assessment of Raphael. Nevertheless, three editions translated into German were published in 1771.
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Courts, Canada Surrogate. General Rules and Orders of the Surrogate Courts, Upper Canada [microform] : As Directed by the Judges Appointed under the 14th Sec. , Surrogate Courts Act, 1858: Including Rules As to Gardianships, under 8 Geo. IV, Cap. 6, Forms, Tables of Fees, &c. Creative Media Partners, LLC, 2021.
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31
Bowen, John R. Gender, Islam, and Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829591.003.0013.
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This chapter considers arguments about Islam and women’s welfare, and, at greater length, how legal systems with Islamic elements treat women, focusing on how women fare in Islamic family courts. Key methodological issues include how to focus on real-world views and practices rather than only texts, disentangle the effects of patriarchal regional cultures from the effects of Islamic law, and compare the gendered effects of Islamic court practices with local alternatives. The Islamic legal tradition features both a broadly shared set of texts and traditions and a wide array of interpretations and practices. From the very beginning of Islam, rulers and judges developed new ways of applying the traditions to changing situations. Many of these new applications involved ways to grant women greater autonomy. The chapter looks in greater detail at three countries—Tunisia, Indonesia, and Iran—to detect probable mechanisms shaping women’s access to divorce and to property.
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Prost, Mario. Sources and the Hierarchy of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0031.
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This chapter maintains that the doctrine of sources is constructed around a set of shared intuitions and accepted wisdom. One of them is that there exists no hierarchy among sources of international law and that these are, to all intents and purposes, of equal rank and status. The chapter takes a critical look at this ‘non-hierarchy’ thesis, arguing that it is descriptively problematic as it tends to conceal the fact that international legal actors (States, judges, scholars) constantly establish more or less formalized hierarchies of worth and status among law-making processes. These are, admittedly, soft and transient hierarchies that very much depend on contexts, circumstances, the identity of the legal subjects, and the projects they pursue. But these are hierarchies nonetheless inasmuch as that they involve a differentiation of sources ‘in a normative light’.
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O'Donnell, Ian. Extraordinary Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198798477.003.0005.
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While governments attributed the retention of capital punishment to the threat posed by the IRA, simultaneously they railed at the ineffectiveness of the ordinary courts. The jury had long been vulnerable to outside influences, whether this involved its packing with members supportive of the authorities or its intimidation by subversive elements. A complicating factor, especially in political crimes, was sympathy for perpetrators which could translate into a reluctance to convict. Sometimes the state dispensed with judges and juries and set up special tribunals, staffed initially by army officers, to ensure that prosecutions were secured, and enemies dispatched. The work of these extraordinary courts—the military courts, the Special Criminal Court, and the Special Powers Tribunal—is the focus of this chapter. The role of Seán MacBride and the cases of Seán McCaughey, George Plant, and Patrick McGrath, among others, are discussed.
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McCrudden, Christopher. The Epistemological Problem. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198759041.003.0005.
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This chapter considers the second problem that dominates religious litigation, how we are to understand normative systems other than those to which we ourselves are committed, what I term the epistemological problem. Can those involved in legal interpretation, such as judges, understand a religious system sufficiently to be able to adjudicate when conflicts arise that depend on an understanding of that system. It was thought to be a basic principle of English law, for example, that the courts will not seek to adjudicate questions of religion, embodying a principle of abstention. More recently, that previous reticence has been replaced with a willingness in courts in the UK and elsewhere to adjudicate contested issues touching on the religious sphere. The chapter considers the various approaches adopted by the courts and suggests that none of these is satisfactory, which helps explain, at least in part, why so many different approaches are identifiable.
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Arvind, T. T., Joanna Gray, and Sarah Wilson. Financial Elites, Law, and Regulation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782797.003.0008.
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This chapter considers the often-ignored role of legal elites—practitioners, judges, arbitrators, and academics—in shaping and legitimizing modern finance. The financial crisis of 2007 involved legal innovation as much as it involved financial innovation, and this pattern is not new. Legal history shows us a constant trend, going back at least as far as the seventeenth century, of financial elites working through and with legal actors to reshape, extend, and repurpose legal concepts, categories, and understandings in ways that better serve the ends they seek to pursue. This chapter uses a historical analysis to consider who these legal actors are; the role they play within networks of financial elites and the financial system; how they influence understandings of what is and what is not permissible, possible, or legitimate within the framework of law; and how the law might be structured to ameliorate the most deleterious effects of their influence.
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Stapleton, Jane. Three Essays on Torts. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893734.001.0001.
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These essays champion tort scholarship that puts the judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the ‘living’ and ‘evolving’ common law. This is ‘reflexive tort scholarship’. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for ‘Grand Theories’ that descriptively assert that tort law is fundamentally ‘all about one thing’, a unifying idea that alone explains and justifies the whole of tort law. The book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates various key features of tort law. Essay 2 identifies a principle of tort law (the ‘cooperative principle’) that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law—that based on the famous case of Hedley Byrne v Heller. Essay 3 deploys the reflexive method to argue that the iconic ‘but-for’ test of factual causation is inadequate and narrower than the concept actually utilised in the cases. Application of the method also prompts a reassessment of the ‘scope of duty’ concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays clearly demonstrate the value of scholarship that ‘takes the judges seriously’.
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McGinnis, Reginald, and John Vignaux Smyth. Mock Ritual in the Modern Era. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197637432.001.0001.
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Abstract Beginning with the French eighteenth century and concluding in the present, this book explores complex interrelations between ritual and mockery, which is not infrequently the unofficial face of claims to rationality. The book is particularly concerned with how the mocking and parodying of ritual often associated with modern rationalism may itself become ritualized, and other ways in which supposedly sham ritual may survive its “outing.” Just as the very concept of ritual is seen by anthropologists and others as intimately related to modernity (at once the site of its invention and the reflection of an antiritualism associated with secular societies), so this book traces the evolution of what the authors call mock ritual, in various forms, throughout the modern era, relying on literary, historical, and anthropological texts as well as encyclopedias, newspapers, and films. It places famous eighteenth- and nineteenth-century authors in dialogue with contemporary popular culture, from Diderot, Sterne, and Flaubert to the TV shows Survivor and Judge Judy, and from Voltaire to the Charlie Hebdo tragedy of 2015. The authors’ use of literary texts in addressing anthropological questions has precedents in the work of Georges Bataille, among others, who viewed literature as “the principal heir” and a continuation of “the game of religions.” Ritualistic and mock ritualistic aspects of comedy and ridicule are considered along with those, notably, of sexuality, medicine, art, education, and justice. In addition to a chapter on dueling, the book contains a postscript that considers various aspects of these subjects in the contemporary world.
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Giorgetti, Chiara, and Mark Pollack, eds. Beyond Fragmentation. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009118002.
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Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.
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Buchanan, Allen. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190878436.003.0001.
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During the period in which much of the thinking that went into this book occurred, the world looked strikingly different from what we see today. The growth of multilateralism, defined as the coordination of national policies in groups of three or more states, was evident. Transnational networks of regulatory officials, judges, and legislators were proliferating and trade agreements of unprecedented scale were achieved. The most inclusive treaty-based multilateral institution for furthering international peace and security, the UN Security Council, expanded its mission to include the authorization of humanitarian military interventions even in cases in which international peace and security were not at risk. Environmental treaties outlined multilateral responses to pressing problems of ozone depletion and global climate change. Globalization in its manifold dimensions was increasing. The obstacle to more comprehensive mulitilateral institution-building and to the extension of human rights regimes that the Cold War had posed had been removed by the dissolution of the Soviet Union. Although some multilateral institutions remained informal, there was also a trend toward legalization (though perhaps without much reflection as to whether greater formal legality is always better). Just as evident, of course, was the continuing turmoil in weakly governed areas of the world and the power of conflicts there to affect even the stablest countries, both through the export of terrorism and through the often unintended results of military interventions that purported to enhance security and stability but which instead fueled rivalries ...
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Howard, Christopher. Who Cares. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780190074456.001.0001.
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Abstract Societies are often judged by how they treat their most vulnerable members: the poor and near poor. In the United States, this responsibility belongs not only to governments but also to charities, businesses, individuals, and family members. Their combined efforts generate a social safety net. Many academics and journalists have studied discrete pieces of this net. However, it is still hard to see larger patterns and learn general lessons. Who Cares pulls these pieces together to offer the first comprehensive map of the US social safety net. The central theme of the book is care. Part I describes how much we care about people in need, as well as who we think should take care of them. Individual chapters capture the views of ordinary citizens, business and labor organizations, churches and other charities, and public officials. The emphasis in Part II is on tangible acts of caring. Who pays for government programs and charitable services? Who are the most important caregivers, public and private? How adequate is the care that people receive? Each chapter answers these questions for specific human needs—income, food, housing, medical care, and daily care. Although the US social safety net is extensive, major gaps remain, particularly impacting Blacks, Hispanics, and individuals who are not employed full-time. These problems persist even when the economy seems healthy; Who Cares is based heavily on evidence from the years right before the Covid-19 pandemic. The postscript offers an initial assessment of how the social safety net performed during the pandemic.
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Kriangsak, Kittichaisaree. The Obligation to Extradite or Prosecute. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823292.001.0001.
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Prosecution of perpetrators of serious crimes of international concern before the permanent International Criminal Court, set up in 2002, has been few and far between. Hope thus rests with the implementation of the international legal obligation for States to either extradite such perpetrators to another State able and willing to prosecute them or prosecute the perpetrators themselves or surrender them to be prosecuted by a competent international court. This book is written by the Chairman of the UN International Law Commission's Working Group on the Obligation to Extradite or Prosecute (aut dedere aut judicare). The Commission submitted its Final Report on that topic to the UN General Assembly in 2014, leaving unanswered numerous important issues such as the customary international law status of the said obligation, immunities of State officials from foreign criminal jurisdiction, the exercise of universal jurisdiction, and competing rules of international law regarding the surrender of persons to a competent international court. This book is an authoritative guide to, as well as the unique drafting history of, the International Law Commission's Final Report. In addition, it provides a comprehensive analysis of the subject, including issues not settled by the Commission and proposing practical solutions to the daunting challenges facing international efforts to bring to account perpetrators of serious atrocities that shock humankind. It will be useful to States, law enforcement officers, prosecutors, judges, international lawyers, students of international law, and the civil society entrusted with human rights protection.
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Orders in bankruptcy for the district of Montreal: Rules and orders and tariff of fees, made by the circuit judges of the district of Montreal, under and by virtue of the statute 9th Victoria, chap. 30, sec. 37, intituled "An act to continue and amend the bankrupt laws now in force in this province" and confirmed by the judges of the Court of Queen's Bench on the eighth day of October, 1846. [Montréal?: s.n.], 1994.
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Boes, Tobias, Rebecca Braun, and Emily Spiers, eds. World Authorship. Oxford University Press, 2020. http://dx.doi.org/10.1093/oxfordhb/9780198819653.001.0001.
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Booksellers, authors, and academics have been talking about world literature since Goethe made the term fashionable in the early nineteenth century. Yet amidst all the talk of books that ‘circulate’ and literature as a kind of ‘universal property’ that can function as a ‘window on the world’, how do we account for the people who live in real places, and who write, translate, market, and read the texts that travel on these global journeys? This handbook breaks new ground by showing how to bring together the real-world contexts of authorship with the literary worlds of fiction through the concept of the world author. ‘World authorship’ is a practical update on Michel Foucault’s ‘author function’ that significantly expands the network of people and practices involved with literature and is at the same time more grounded in the study of actual literary texts. The concept is set out in detail in a rigorous introduction followed by twenty-five keyword chapters that cover all core aspects of world authorship, from ‘Beginnings’ to ‘Voice’, and have been written by professionals who work right across the sector. In its entirety, the handbook illuminates how literature is made and shared in different parts of the world and at different times of world history. At the heart of all contributions, however, is one key question: where is the human element in world literature? Established authors, translators, publishers, prize judges, and festival coordinators as well as academics from a range of different disciplinary backgrounds collectively give us the answer.
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Weede, Erich. The Expansion of Economic Freedom and the Capitalist Peace. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228637.013.276.
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On the one hand, the idea of a capitalist peace is a set of loosely integrated, but testable propositions. On the other hand it is part of a wider, libertarian philosophy of life. The spirit of this wider conception is best expressed by a quote from a pioneer of quantitative international politics, in 1981 Rummel wrote, “If you want peace, then minimize the power of government.” Although there has been a proliferation of variables assessing capitalism and economic interdependence—from economic freedom via contract intensity to the avoidance of state ownership or protectionism—the most frequently analyzed proposition about the capitalist peace says that trade makes military conflict and war less likely. By and large, the evidence supports this proposition in dyadic designs as well as in monadic designs. This cross-design validity of the proposition is important, because it distinguishes the peace by trade proposition from the democratic peace proposition. Most researchers agree that war is extremely unlikely in dyads where both nations are democracies. But only a minority contends that democracies are less frequently involved in military conflict than other states. The dyadic and the monadic findings are compatible because military conflict looks even more likely between an autocracy and a democracy than between two autocracies. Whereas the democratic peace is limited in application, the pacifying impact of trade or economic interdependence is more general. Moreover, the democratic peace may be embedded in a wider economic or capitalist peace. There is strong evidence that democracy rests on a foundation of capitalism or economic freedom and the prosperity that has been gained only by capitalism or some degree of economic freedom. Moreover, economic freedom and prosperity contribute to the avoidance of civil war. Better still: Economic freedom does not only promote economic growth and prosperity among those nations where people enjoy economic freedom, but the economic freedom of rich countries provides poor countries with the advantages of backwardness and catch-up opportunities.Capitalist peace theory evolves. It has been suggested that the pacifying impact of trade rests on the expectation that trade, or access to resources and markets, will continue. This suggestion requires a new look at economic sanctions, too. By interfering with trade, sanctions must undermine the expectation of future benefits of trade and globally interconnected markets. Given the rareness of evidence in favor of the effectiveness of economic sanctions in eliminating undesirable policies of other nations, a capitalist peace perspective implies the recommendation to use sanctions much less frequently than politicians do. They are likely to eliminate a pacifying factor when it is most urgently needed.The wider or visionary perspective on the capitalist peace is useful not only in connecting it with the issue of sanctions, but also in demonstrating the inherent limitations of capitalism as a tool to achieve peace. From a static perspective, capitalism, economic freedom, or trade may exert some pacifying impact, as argued above. But capitalism is a dynamic economic order. It is about “creative destruction”. Capitalism is not egalitarian. Nations grow at different speeds. They rise and decline. Capitalism and unequal economic growth upset pecking orders and contribute to power transitions that are related to risks of war, especially great power war. Whether the contribution of capitalism to power transitions—or its pacifying impact prevails—cannot be judged with much confidence.