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Books on the topic 'Hierarchy of sources of law'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Płeszka, Krzysztof. Hierarchia w systemie prawa. Nakł. Uniwersytetu Jagiellońskiego, 1988.

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2

Seiderman, Ian D. Hierarchy in international law: The human rights dimension. Intersentia, 2001.

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3

Nielsen, Laura Beth. License to harass: Law, hierarchy, and offensive public speech. Princeton University Press, 2004.

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4

Dorothy, Livingston, Pouncey Craig, Latham Charles 1959-, and European Economic Community, eds. Competition law sources. Longman, 1991.

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5

D'Amato, Anthony A. International law sources. Martinus Nijhoff, 2004.

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6

author, Riley Leon, ed. OCR AS law: Sources of law. Philip Allan Updates, 2009.

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7

Agafonov, Vyacheslav, Sergey Bogolyubov, Liya Vasil'eva, et al. Sources of environmental law. INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1913253.

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The monograph summarizes new relevant materials and topics. The study of the sources (forms) of environmental and natural resource law, legislation on environmental assessment and environmental control (supervision), provisions of land and other codes as forms of law, mechanisms for regulating environmental management, as well as the evolution of sources of law in the field of agriculture. The complex nature of environmental law is demonstrated, the constitutional, legislative, and political foundations of environmental development, the unified state environmental policy of the Russian F

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8

Martti, Koskenniemi, ed. Sources of international law. Ashgate/Dartmouth, 2000.

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9

Tobi, Niki. Sources of Nigerian law. MIJ Professional Publishers Ltd., 1996.

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10

G, Logan R., ed. Information sources in law. Butterworths, 1986.

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11

1949-, Basedow Jürgen, ed. European private law: Sources. Kluwer Law International, 1999.

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12

Jules, Winterton, and Moys Elizabeth M, eds. Information sources in law. 2nd ed. Bowker-Saur, 1997.

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13

Kreutzmann, André. Communities of Practice as Vibrant Sources of Knowledge and Innovation within a Rigid Public Hierarchy. Springer Fachmedien Wiesbaden, 2022. http://dx.doi.org/10.1007/978-3-658-36535-6.

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14

Hsia, Tao-tai. Law making in the People's Republic of China: Terms, procedures, hierarchy, and interpretation. Law Library, Library of Congress, 1986.

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15

A, Johnson Constance, and Library of Congress. Law Library., eds. Law making in the People's Republic of China: Terms, procedures, hierarchy, and interpretation. Law Library, Library of Congress, 1986.

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16

Inc, LawSource, ed. American law sources on-line. LawSource, 1995.

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17

Food and Agriculture Organization of the United Nations. Development Law Service., ed. Sources of international water law. Food and Agriculture Organization of the United Nations, 1998.

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18

Université de Moncton Centre international de la common law en français., ed. Sources de la common law. Centre international de la common law en français, Université de Moncton, 1996.

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19

Michael, Harrington L., ed. "On the ecclesiastical hierarchy": The thirteenth-century Paris textbook edition. Peeters, 2011.

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20

de Wet, Erika. 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/9780198745365.003.0030.

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This chapter questions whether there is a hierarchy among the sources of international law and whether such a hierarchy is important for resolving norm conflicts stemming from the different sources of international law. It first examines whether the order between the sources listed in Article 38 (1) (c) of the International Court of Justice (ICJ) Statute is an indication of a hierarchy in accordance with the order and form in which the sources are listed or moulded. Thereafter, the chapter examines whether peremptory norms represent a substantive hierarchy. It also questions whether peremptory

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21

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, admi

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22

Besson, Samantha, and Jean d’Aspremont. The Sources of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0001.

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This introductory chapter offers a brief overview on the sources of international law. It first highlights the importance of and the controversies surrounding the sources of international law, touching upon the nature, legality, normativity, and legitimacy of international law, as well as the sites and tools of its contestation. The chapter then turns to the historical origins of the sources of international law, asserting that the sources of international law are in fact a product of the Enlightenment project and, arguably, of the liberal doctrine of politics. Finally, the chapter takes a loo

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23

Pellet, Alain. Revisiting the Sources of Applicable Law before the ICC. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0013.

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Article 21 of the Rome Statute sets out a complex system of sources of applicable law. In addition to the Statute itself, which contains a relatively detailed list of crimes, Articles 21 includes the Elements of Crimes, a very detailed document which unnecessarily limits the scope of the crimes listed in the Statute and reveals mistrust with regard to the Court, the Rules of Procedure and Evidence, and the case law of the Court, despite the absence of stare decisis. In order to avoid risks of non liquet, Article 21 also refers to other norms and rules of international law. Article 21 establish

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24

Vec, Miloš. Sources of International Law in the Nineteenth-Century European Tradition. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0006.

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This chapter analyses the sources of international law in the nineteenth-century European tradition. It includes scholars and theorists from a range of nationalities, different professions and perspectives, focusing on selected authors from various European and American countries and regions between 1815 and 1914. These jurists, philosophers, political writers, and theologians discussed the notion of ‘source’ and elaborated extensively on a theory of sources. Within this canon of sources, no clear hierarchy existed, and no rules for the collision of different kind of sources were posited. The

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25

Gilbert, Bitti. Part IV The ICC and its Applicable Law, 18 Article 21 and the Hierarchy of Sources of Law before the ICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0018.

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Article 21 of the ICC Statute is unique in the arena of international criminal justice. It introduces a differentiated hierarchy in relation to sources of law, yet it remains one of the most ambiguous provisions of the Statute. This chapter investigates how the ICC has interpreted this provision, and what approaches the Court has adopted in relation to the interpretation and application of different sources of law, including ‘internationally recognized human rights’ under Article 21(3). It contrasts the internal law of the ICC with external sources, and argues that ICC Chambers should use to t

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26

Kammerhofer, Jörg. Sources in Legal-Positivist Theories. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0017.

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This chapter demonstrates that the Kelsen–Merkl Stufenbau theory of the hierarchy of norms avoids many of the misconceptions of orthodox scholarship. This theory is the closest there is to a legal common-sense theory of the sources of international law. It is close to the mainstream, but provides a solid theoretical basis. False necessities are here deconstructed: the sources are neither a priori nor external to the law. Applying the Stufenbau theory to international law, the chapter concludes by sketching out the possibilities of ordering the sources of international law. A structural analysi

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27

William A, Schabas. Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.21 Applicable law/Droit applicable. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0026.

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This chapter comments on Article 21 of the Rome Statute of the International Criminal Court. Article 21 is an important innovation since none of the previous statutes of international criminal tribunals has contained a provision dealing with ‘applicable law’. Article 21(1) imposes a hierarchy of sources, with a three-tiered cascade of applicable norms. Article 21(2) contemplates the case law of the Court, but without indicating where it fits within the hierarchy. Article 21(3) does not, strictly speaking, provide a new source. Rather, it makes all of the applicable law in article 21 subject to

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28

Monaghan, Nicola. 1. Introduction to criminal law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter begins by addressing the question: What is a crime? It then discusses the difference between criminal law, the law of tort, and contract law; the function of criminal law; sources of criminal law; the classification of offences; the criminal justice process; the hierarchy of the criminal courts; the burden and st

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29

Jeffery, Commission, and Moloo Rahim. 1 The Law Applicable to Procedural Issues. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.003.0001.

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This chapter examines the various sources of procedural law in investment arbitration and articulates a hierarchy among those sources. It first considers the procedural law selected by the parties to the arbitration, emphasizing the fact that some of the laws selected by the parties impose mandatory rules that cannot then be deviated from, while others are binding, unless the parties later decide on a separate course. It then explains how the appropriate governing rules can be determined when the rules selected by the parties are silent. In particular, it describes the arbitral tribunals' role

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30

Krawietz, Birgit. Hierarchie der Rechtsquellen im tradierten sunnitischen Islam. (Schriften zur Rechtstheorie; RT 208). Duncker & Humblot, 2002.

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31

William E, Butler. International Law in the Russian Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198842941.001.0001.

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This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctr

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32

Gragl, Paul. The Epistemological Necessity of Legal Monism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796268.003.0003.

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This chapter depicts and defends monism in its positivist-epistemological manifestation (as envisaged by the Vienna School of Jurisprudence’s pure theory of law) as the most viable concept to theorize the relationship between different bodies of law. After a short introduction to the (neo-)Kantian sources of Kelsen’s theory, the concept of the Grundnorm and the hierarchy of norms will be discussed in detail. Subsequently, it will be argued why legal monism under the primacy of international law is the only avenue through which the law can be meaningfully cognized and the concept of legal valid

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33

Balcazar, Ester. Galactic History and God Versus Hierarchy : Law of Analogy or Correspondences and the Spiritual Hierarchy: Spiritual Hierarchy of the Galactic Federation. Independently Published, 2021.

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34

Voronin, Yuriy, Oksana Petyukova, Yuriy Tikhomirov, et al. Law and social development: new humanistic hierarchy of values. Infra-M Academic Publishing House, 2015. http://dx.doi.org/10.12737/11409.

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35

Nielsen, Laura Beth. License to Harass: Law, Hierarchy, and Offensive Public Speech. Princeton University Press, 2009.

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36

License to Harass: Law, Hierarchy, and Offensive Public Speech. Princeton University Press, 2004.

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37

Wet, Erika De, and Jure Vidmar. Hierarchy in International Law: The Place of Human Rights. Oxford University Press, 2012.

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38

License to harass: Law, hierarchy, and offensive public speech. Princeton University Press, 2004.

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39

Hierarchy in International Law: The Place of Human Rights. Oxford University Press, 2012.

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40

Pistor, Katharina. Moneys’ legal hierarchy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755661.003.0008.

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This chapter discusses the way in which money is legally constructed and hierarchically structured. In financial markets, participants trade different forms of money, some of which is state-issued and some privately issued. A form of money is closer to the “apex” of the system the closer it is to entities that can issue liquid means or determine acceptable forms of payment, such as central banks and governments. During financial crises, market participants close to the “apex” are systematically advantaged. Various legal devices, e.g. property rights, collateral rights, or trust law, contribute

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41

Das, Bhagavan. The Law of Analogy or Correspondences and the Spiritual Hierarchy. Kessinger Publishing, 2005.

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42

Nielsen, Laura Beth. License to Harass: Law, Hierarchy, and Offensive Public Speech (The Cultural Lives of Law). Princeton University Press, 2006.

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43

Turner, C., and L. Riley. Law Sources of Law and Law Making. Hodder Education Group, 2000.

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44

Kennedy, Duncan. Legal Education and the Reproduction of Hierarchy: A Polemic Against the System. New York University Press, 2004.

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45

Winterton, J. R., and Elizabeth M. Moys. Information Sources in Law. de Gruyter GmbH, Walter, 1997.

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46

Winterton, J. R., and Elizabeth M. Moys, eds. Information Sources in Law. K. G. Saur, 1997. http://dx.doi.org/10.1515/9783110976410.

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47

Thirlway, Hugh. Sources of International Law. Oxford University Press, 2019.

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48

Hoof, G. Van. Rethinking Sources International Law. Springer, 1985.

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49

Information Sources in Law. De Gruyter, Inc., 1997.

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50

Degan, Vladimir-Đuro. Sources of International Law. 1997.

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