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Books on the topic 'Juristic act theory'

Author: Grafiati

Published: 4 September 2021

Last updated: 5 February 2022

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1

Si fa zhong de quan li: Xing cheng quan li lun zhi xin kai zhan = The power in private law : a new launch of the theory of Gestaltungsrecht. Beijing da xue chu ban she, 2011.

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2

Payk, Marcus M., and Kim Christian Priemel, eds. Crafting the International Order. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863830.001.0001.

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Lawyers make politics, and international lawyers make international politics. Yet despite there being a few prominent judges and academic stars, the roles which jurists play as practitioners of international politics is often underappreciated or their juristic personas take a backseat to those of the politician and the diplomat. This volume sheds light on how lawyers over the past 300 years have made sense of, engaged in, and shaped international politics. Individual chapters show how politicians and administrators, diplomats and military men conceived of and considered their tasks in legal te

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3

Tudsri, Pattarapas, and Angkanawadee Pinkaew. Formation of Contract, Enforceability, and Pre-Contractual Liability in Thailand. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0019.

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This chapter examines issues concerning the formation of contract under Thai law. It discusses the background to the Thai Civil and Commercial Code 1925 and the French and German influences on its drafting. The chapter examines the interpretation of intention, which is integral to the notion of a juristic act for creation of contractual obligations. The direction to discern true intention, combined with notions of fictitious intention and concealed juristic act, enables a court to re-characterize transactions according to their true intention. Through the power to ‘transform a void act’, a cou

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Hernandez, Rebecca Skreslet. Authority by Allusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805939.003.0006.

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The final chapter brings the discussion of al-Suyūṭī’s legal persona squarely into the modern era. The discussion explores how contemporary jurists in Egypt use the legacy of the great fifteenth-century scholar in their efforts to frame their identity and to assert authority as interpreters and spokesmen for the Sharīʿa in a political arena that is fraught with tension. In the midst of Mursī’s embattled presidency, leading scholars at Egypt’s state religious institutions rushed to news and social media outlets to affirm their status as representatives of “orthodoxy” and to distance themselves

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5

Boucher, David. Hobbes among the Classic Jurists. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817215.003.0005.

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The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to

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6

Agamben, Giorgio. A Jurist Confronting Himself. Edited by Jens Meierhenrich and Oliver Simons. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199916931.013.36.

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This chapter was originally published as a preface to a collection of Italian translations of texts by and interviews with Carl Schmitt. It shows how each text offers an image of Schmitt that can best be seen in light of what Walter Benjamin called the "now of knowability": in a constellation formed by the decisive political problems of Schmitt’s time. The challenge these texts thus propose is akin to that of finding figures hidden in a landscape painting. The chapter argues that the hidden figures in Schmitt’s works designate those points at which their contemporary relevance is greatest. Onl

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Oklopcic, Zoran. The Nomos and the Gaze. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198799092.003.0006.

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Chapter 5 confronted the imagination of the right to self-determination in international law. It focused on the ways in which interpretations of that right hinge on jurists’ implicit cartographies, their scopic regimes, affective predilections, disciplinary self-images, concealed calculi of suffering, visions of alternative universes, false binaries, and their idiosyncratic levels of (im)patience and anxiety, which—together with their quasi-nationalistic professional commitments and dreams of disciplinary sovereignty—remain some of the main factors that determine how international lawyers inte

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8

Ramadan, Moussa Abou. Muslim Jurists’ Criteria for the Division of the World into Dar al-Harb and Dar al-Islam. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805878.003.0011.

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There is disagreement over the definition of dar al-Islam and dar al-harb between classical and contemporary jurists. Different authors have laid down different criteria; we find different opinions even within the same school; and at times variations may even be found with regard to the same author and/or in the same treatise. Some jurists give preference to Islamic law, while other focus on the safety of Muslims. The majority accepts that dar al-Islam can be transformed into dar al-harb, while Ibn Hajar holds that a territory belonging to dar al-Islam will never lose its status. There is also

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9

Fitzmaurice, Malgosia. The History of Article 38 of the Statute of the International Court of Justice. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0009.

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This chapter analyses the history of Article 38 of the International Court of Justice (ICJ) Statute. It also seeks to reflect on the Article’s current status. The main focus of this chapter is to look at sources of international law through the prism of their historical development, including potential ‘new’ sources (acts of international organizations, unilateral acts of States, soft law) which have emerged long after the twelve ‘wise men’ of the Advisory Committee of Jurists had completed their task of drafting Article 38. The chapter also deals with the ‘classical’ sources of international

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10

Fiori, Roberto. Contracts, Commerce and Roman Society. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.44.

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The Roman law of contract has developed itself around the idea of obligation. At the beginning of its history, transactions were possibly differentiated only at an economical level, while from the juristic point of view only the obligatio mattered, so that the judicial remedies were general actions. This was probably a legacy of archaic law and society—which valued community more than the individual—some features of which were retained until the end of the Republic. However, changes in civil procedure caused the arising of a contractual system based on typicality, and this had the further cons

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11

Gamauf, Richard. Slavery. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.30.

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In Roman law slaves were chattels and persons at the same time. As persons, they were incapable of holding any rights. But this deficit led to their use as business agents because they could obtain rights for their masters, whereas free persons under classical Roman law could not. While the law tried to hold up the fiction that all slaves were the complete subjects of their masters and that no legal distinctions existed among slaves in this regard, their social positions, as reflected in the legal sources, differed widely. Since Roman jurists were confronted with almost all aspects of slavery,

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12

Idris, Murad. Ordering Legality. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190658014.003.0006.

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Gentili, Grotius, and other jurists absorb war and peace into the frame of law. They license the expansion of law into the basic measure for both conceptualizing and regulating war and peace. In the process, they produce a polemical opposition between enemies by law and enemies of law, or the lawful and the lawless. Against lawless, faithless enemies of law, peace is uncertain if not impossible. Such enemies include those with a different form, like pirates, expansionary empires, and peoples with “criminal” or “unnatural” customs. At the same time, Gentili and Grotius imagine that the laws of

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13

Hallebeek, Jan. Structure of Medieval Roman Law. Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.15.

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At the beginning of the twelfth century a university emerged at Bologna where the study of Roman law was taken up. The first generations of scholars, the glossators, interpreted the Corpus iuris civilis in its medieval shape (subdivided into five volumes) and produced various types of scholarly works: glosses, lecturae, summae, etc. Learned jurists of the fourteenth and fifteenth centuries, the commentators, continued the exegetical work of their predecessors. They no longer wrote glosses, but continuous commentaries. Moreover, they produced consilia, advisory opinions given in view of specifi

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14

Goodrich, Peter, and Michel Rosenfeld, eds. Administering Interpretation. Fordham University Press, 2019. http://dx.doi.org/10.5422/fordham/9780823283798.001.0001.

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Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, both reception and resistance, the essays move f

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Yilmaz, Hüseyin. Caliphate Redefined. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691197135.001.0001.

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The medieval theory of the caliphate, epitomized by the Abbasids (750–1258), was the construct of jurists who conceived it as a contractual leadership of the Muslim community in succession to the Prophet Muhammed's political authority. This book traces how a new conception of the caliphate emerged under the Ottomans, who redefined the caliph as at once a ruler, a spiritual guide, and a lawmaker corresponding to the prophet's three natures. Challenging conventional narratives that portray the Ottoman caliphate as a fading relic of medieval Islamic law, the book offers a novel interpretation of

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16

Boucher, David. Appropriating Hobbes. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198817215.001.0001.

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The aim of this book is not to trace the changing fortunes of the interpretation of one of the most sophisticated and famous political philosophers who ever lived, but to glimpse here and there his place in different contexts, and how his interpreters see their own images reflected in him, or how they define themselves in contrast to him. The main claim is that there is no Hobbes independent of the interpretations that arise from his appropriation in these various contexts and which serve to present him to the world. There is no one perfect context that enables us to get at what Hobbes ‘really

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17

McSweeney, Thomas J. Priests of the Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198845454.001.0001.

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Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals: the group of justices who wrote the celebrated treatise known as Bracton. It offers a new interpretation of Bracton and its authors. Bracton was not so much an attempt to explain or reform the early common law as it was an attempt to establish the status and authority of the king’s justices. The justices who wrote it were some of the first people to work full-time in England’s royal courts, at a time when they had no obvious model for the legal professional. Th

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18

Hernandez, Rebecca Skreslet. Authority by Aggregation and Abstraction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805939.003.0005.

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In addition to his views on ijtihād and tajdīd, al-Suyūṭī’s lasting influence in Islamic legal thought lies in the area of legal precepts (pithy maxims or questions that sum up areas of the law). Al-Suyūṭī’s al-Ashbāh wa-l-naẓāʾir stands as a core work in this genre of legal literature and is still a popular textbook for students at Egypt’s premier institution of religious learning, al-Azhar. Using the pragmatic theory of Grice and others, I argue that legal precepts fulfill a number of key discursive functions for the jurist. It is with al-Suyūṭī’s Ashbāh that he is most successful in asserti

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19

Mouritsen, Henrik. Manumission. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.31.

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While manumission has been practised in almost all slave societies the Romans appear to have freed their slaves with unparalleled frequency. The chapter looks at three aspects of Roman manumission: the status of freedmen, the Augustan reforms of manumission and the legal discourse on freedmen under the Empire. It is suggested that the background for the Roman practice of enfranchising former slaves should be sought in the social and legal structures of early Rome, which delegated many “state” functions to the heads of households. The enfranchisement of freedmen was compatible with the politica

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20

Hernandez, Rebecca. The Legal Thought of Jalal al-Din al-Suyuti. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805939.001.0001.

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This book offers a new theoretical perspective on the thought of the great fifteenth-century Egyptian polymath, Jalāl al-Dīn al-Suyūṭī (d. 1505). In spite of the enormous popularity that al-Suyūṭī’s works continue to enjoy amongst scholars and students in the Muslim world, he remains underappreciated by western academia. This project contributes to the fields of Mamluk Studies, Islamic Studies, and Middle Eastern Studies not only an interdisciplinary analysis of al-Suyūṭī’s legal writing within its historical context, but also a reflection on the legacy of the medieval jurist to modern debates

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21

French, Nathan S. And God Knows the Martyrs. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190092153.001.0001.

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Jihadi-Salafi narratives of martyrdom-seeking operations are filled with praise for what they label the exemplary self-renunciative acts of their martyrs performed as a model of the earliest traditions of Islam. While many studies evaluate the biographies of these would-be martyrs for evidence of social, psychological, political, or economic strain in an effort to rationalize what are often labeled “suicide bombings,” this book argues that through their legal arguments debating martyrdom-seeking operations, Jihadi-Salafis, including those fighting for al-Qaʿida, ISIS, and their affiliates, cra

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22

Kinzig, Wolfram, and Jochen Sautermeister, eds. Rausch. Ergon – ein Verlag in der Nomos Verlagsgesellschaft, 2020. http://dx.doi.org/10.5771/9783956506598.

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From the earliest periods of history human beings have used mind-altering substances. In addition, in almost all religions we find techniques for meditation which may induce states of trance or ecstasy which serve to facilitate experiencing the divine. Yet in many societies, trance, ecstasy and even intoxication are taboo unless they are practiced in social spaces authorized for their use, like nightclubs, or where they are seen as culturally productive, as in the visual arts, music, or literature. Further complicating matters, the legitimacy of drug-induced mind-altering states is controversi

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23

Pagden, Anthony. The School of Salamanca. Edited by George Klosko. Oxford University Press, 2011. http://dx.doi.org/10.1093/oxfordhb/9780199238804.003.0015.

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The members of the so-called School of Salamanca (or “Second Scholastic,” as it is sometimes called) were, for the most part, the pupils, and the pupils of the pupils—from Domingo de Soto and Melchor Cano to the great Jesuit metaphysicians Luís de Molina and Francisco Suárez—of Francisco de Vitoria, who held the Prime Chair of Theology at Salamanca between 1526 and his death in 1546. Although they are often described vaguely as “theologians and jurists,” they were all, in fact, theologians. In the early modern world, theology, the “mother of sciences,” was considered to be above all other mode

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24

Schuett, Robert. Hans Kelsen's Political Realism. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474481687.001.0001.

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What does it mean to be a foreign-policy realist? Why is it important to get Hans Kelsen right? How can open society ideals be reconciled with the tragedies of world politics? It is widely acknowledged that the rules-based international order is under assault by visions of illiberal democracy at home and powerful autocracies abroad. The Schmittians old and new are making a comeback, and neorealists in particular continue to pit realism against liberalism: where there is only power or nothing, all else is scorned as naïve, including Kelsen. The book challenges the neorealist myth of power polit

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25

Bantekas, Ilias, and Cephas Lumina, eds. Sovereign Debt and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810445.001.0001.

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The first book to address the links between sovereign debt and human rights. Authors are renowned jurists, economics, historians and social scientists, all of which examine the links between debt and human rights from a variety of angles. The book is structured around five basic parts. The first sets out the historical, political and economic context of sovereign debt. Indeed, without understanding how debt accumulates, why it is necessary and to whom it is owed, it is impossible to fully comprehend the full range of arguments about its impact on human rights. The second part effectively addre

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26

Lloyd, Howell A. Jean Bodin, ‘This Pre-eminent Man of France’. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198800149.001.0001.

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This book presents the only rounded treatment of a key figure in the intellectual history of France and Europe. Jean Bodin (1529/30–1596), jurist, associate of kings and courtiers, and participant in key political events, was the author of works of lasting interest and enduring significance in the fields of political science, historical writing, witchcraft, and a great deal else besides. Best known for his contribution to formulating the modern doctrine of sovereignty, Bodin has also been credited with developing the quantity theory of money and with advocating religious toleration at a decide

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27

Giladi, Rotem. Jews, Sovereignty, and International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198857396.001.0001.

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Jews, Sovereignty, and International Law explores Israel’s engagement with international law during the early years of statehood, and the role of ideology in shaping how Ministry of Foreign Affairs legal advisers approached international law at the age of Jewish sovereignty. Drawing on archival sources, the book reveals the patent ambivalence of these jurist-diplomats—Jacob Robinson and Shabtai Rosenne—towards three international law reform projects: the right of petition in the draft Human Rights Covenant; the 1948 Genocide Convention; and the 1951 Refugee Convention. In all cases, Rosenne an

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28

Schabas, William A. The Customary International Law of Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845696.001.0001.

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Customary international law is one of the principal sources of public international law. Unlike many branches of international law, human rights law did not first develop as custom and subsequently become codified. Human rights law was viewed as quintessentially a matter of sovereign concern to States until the mid-twentieth century, when treaties and declarations were adopted by the United Nations and other international bodies. Jurists only began to speak of human rights as customary law in the 1960s. Although its existence is uncontroversial, the content of customary international law in th

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