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Search results for: “legal doctrine”

  • Legal Authority

    Legal Authority Legal Authority and Obligation This covers the following: Legal Authority Political Obligation Obligations in the Law Normativity of Law Political Obligation See more about political obligation here. Obligations in the Law Books and Papers about this subject: Lena Halldenius (2011). Kant on Freedom and Obligation Under Law. Constellations 18 (2):170-189. Matthew Lister (2012).…

  • Calvo Doctrine

    So named for the Argentine jurist Carlos Calvo, holds that a nation is obliged to extend to foreign business in its domain only non- discriminatory treatment; by entering a country, a foreign firm implicitly accepts local jurisdiction and will be treated as a national. This doctrine is […]

  • Legal Lexicography

    Legal Lexicography or Jurilexicography Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This important work on the connections between legal vocabulary and legal culture is a welcome addition to the literature in the growing field of “jurilingistics” , a…

  • Mixed Legal System

    Mixed Legal System Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. The Nature of Mixed Legal Systems This includes: Comparative Law Polyjural Systems Hybridity Normative Complexity Common and Civil Law Hybridities This includes: Stare Decisis (Common Law doctrine) Nonbinding Case Law (Civil Law doctrine)…

  • Legal History

    Legal History “This abstraction called the Law,” Justice Oliver Wendell Holmes, Jr., once observed, is “a magic mirror, [wherein] we see reflected, not only our own lives, but the lives of all men that have been!”1 Holmes believed that this “magic mirror” offered historians an opportunity to explore the social choices and moral imperatives of…

  • Legal Positivism

    Legal Positivism Description by Several Authors Olivecrona (1971: 141) noted that, when nineteenth-century positivists ‘wanted to make a clean break with natural law doctrine, they ceased to cite the old authorities. But as a matter of course they took over their fundamental concepts.’ David and Brierley (1978: 2) commented on the shift from a theoretical…

  • Legal Literature

    The Legal History of Legal Literature in English Common LawThis section provides an overview of Legal Literature in English Common Law ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Legal Literature in English Common Law in the Oxford […]

  • Doctrine of Sovereignty

    Legal IssuesThe doctrine of sovereignty today embraces several basic principles, such as that every state should have equal power to enter into treaties, non-interference in domestic affairs (although this has been qualified by international conventions on human rights), sovereignty over on…

  • Civil Law Legal System

    Civil Law Legal System Introduction A civil law country, typically, has a civil law legal system as opposed to common law system. Civil law stems from the Roman law of Justinian’s Corpus Juris Civilis, proceeding from broad legal principles and the interpretation of doctrinal writings. Researching a civil law country law, therefore, follows a different…

  • Oxford International Encyclopedia of Legal History

    Oxford International Encyclopedia of Legal History Bibliographic Details Title: Oxford International Encyclopedia of Legal History ISBN: 9780195134056 Author: Katz, Stanley N. Publisher: Oxford University Press, USA Subject: Legal History, Historical jurisprudence. Series Volume: 6 Volume-set Publication Date: 2009-04-17 Language: English Pages: 3072 Review of Oxford International Encyclopedia of Legal History Publisher Comments The Oxford International…

  • Doctrine Of Restricted Immunity

    Legal IssuesThe doctrine of restricted immunity (in brief, it means that a sovereign state may be found liable under a commercial contract in the same way as a private party when the state is engaged in certain commercial activities) affects the validity of certain international commercial …

  • Doctrine Of Restricted Immunity

    Legal IssuesThe doctrine of restricted immunity (in brief, it means that a sovereign state may be found liable under a commercial contract in the same way as a private party when the state is engaged in certain commercial activities) affects the validity of certain international commercial …

  • List of Legal Abbreviations in Italian

    List of Legal Abbreviations in Italian Lists of Abbreviations for Legal Materials: A.A.S. Acta Apostolicae Sedis A.C.reg.sic. Alta Corte per la regione siciliana A.F. Amministrazione finanziaria A.P. Camera Atti parlamentari. Camera dei Deputati A.P. Senato Atti parlamentari. Senato della Repubblica A.P.Cam. Atti parlamentari della Camera dei deputati A.P.Sen. Atti parlamentari del Senato della Repubblica A.S.S.…

  • Socialist Legal Systems

    Socialist Legal Systems Socialist law is the legal system used in most Communist states. It is based on the civil law system and Marxist-Leninist ideology. During the cold war period, it was incorporated into the legal systems of the Soviet Union and its former satellite states in Central and Eastern Europe. These systems were built…

  • List of Legal History Broader Databases

    List of Legal History Broader Databases The following databases are comprehensive, covering a wide selection of time periods, and can be a starting point for a more specific database. Primary Sources Databases These databases provide access to full-text materials from the Middle Ages to the present: handwritten manuscripts, early printed treatises, pamphlets, etc. Some of…