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Keywords: legal theory
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Journal Article
The CRPD is Here and queer! A lesson in queering human rights law
Danielle Watson
Human Rights Law Review, Volume 25, Issue 2, June 2025, ngaf006, https://doi.org/10.1093/hrlr/ngaf006
Published: 15 April 2025
.... Therefore, the CRPD is a unique treaty that heralds a new queer rights era. convention on the rights of persons with disabilities disabilities queer legal theory crip theory interpretation of rights Ishay begins their account of the history of human rights by defining rights as ‘held by individuals...
Journal Article
Legal-Conflict Constellations. A Political Approach to the ‘Labour Rights-Human Rights’ Debate
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Julieta Lobato
Human Rights Law Review, Volume 24, Issue 3, September 2024, ngae020, https://doi.org/10.1093/hrlr/ngae020
Published: 27 July 2024
.... Third, it proposes a political approach to the debate, advancing a framework to explore the intricate links between these legal fields. labour rights human rights politicization social justice political economy critical legal theory The shift towards human rights represents a significant area...
Journal Article
‘Hard AI Crime’: The Deterrence Turn
Elina Nerantzi and Giovanni Sartor
Oxford Journal of Legal Studies, Volume 44, Issue 3, Autumn 2024, Pages 673–701, https://doi.org/10.1093/ojls/gqae018
Published: 07 May 2024
... deterred since it internalises criminal sanctions as costs. criminal law artificial intelligence legal theory law and economics deterrence responsibility Machines powered by artificial intelligence (AI) are increasingly integrated in our society, taking over tasks once performed directly...
Journal Article
The ‘Common Law Method’: British Approaches to the Development of International Law
Devika Hovell
British Yearbook of International Law, brad014, https://doi.org/10.1093/bybil/brad014
Published: 07 December 2023
.... Paradoxically, the route to a more universal international law requires us first to understand the ways in which it is plural. British tradition common law Corfu Channel self-defence international legal theory One of the contemporary challenges for those engaging with international law is to understand its...
Journal Article
Roles and the Moral Practice of Precedent
Nathan Van Wees
Oxford Journal of Legal Studies, Volume 43, Issue 4, Winter 2023, Pages 804–825, https://doi.org/10.1093/ojls/gqad020
Published: 27 September 2023
... of the Creative Commons Attribution License ( https://creativecommons.org/licenses/by/4.0/ ), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. Abstract Some recent work in legal theory argues that legal questions boil down to moral...
Journal Article
Digital assets and inheritance law: How to create fundamental principles of digital succession system?
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Paweł Szwajdler
International Journal of Law and Information Technology, Volume 31, Issue 2, Summer 2023, Pages 144–168, https://doi.org/10.1093/ijlit/eaad014
Published: 22 August 2023
... digital assets are getting more and more significant in the contemporary world. Entry into force of legal regulations in this area should be preceded by creation of legal theory of digital succession. Therefore, it is necessary to consider fundamental principles of digital asset inheritance system...
Journal Article
The Enigma of Interpersonal Justice in Private Law Theory
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Zhong Xing Tan
Oxford Journal of Legal Studies, Volume 43, Issue 4, Winter 2023, Pages 699–724, https://doi.org/10.1093/ojls/gqad015
Published: 08 July 2023
... for determining what we owe each other in different spheres of interaction, and propose how this might illume certain questions of private law theory. Interpersonal justice private law legal theory In the battle for the soul of private law, one principal flashpoint has been the citadel of ‘interpersonal...
Journal Article
Love and Human Rights
Benedict Douglas
Oxford Journal of Legal Studies, Volume 43, Issue 2, Summer 2023, Pages 273–297, https://doi.org/10.1093/ojls/gqac034
Published: 11 January 2023
..., allowing the values underpinning the historical conception of love to continue to influence the law. human rights family law immigration law love sexuality legal theory The constancy of love as a theme in music and literature shows its importance to us. Human rights recognise and protect our equal...
Journal Article
Legal Positivism’s Internal Morality
Javier Gallego
Oxford Journal of Legal Studies, Volume 43, Issue 2, Summer 2023, Pages 456–474, https://doi.org/10.1093/ojls/gqac030
Published: 21 December 2022
...Javier Gallego Broadly speaking, then, both Raz and Dyzenhaus believe that legal theory should reconstruct law as institutional action morally justifiable to each person. But at the same time, Dyzenhaus believes that Raz did not push this idea of justifiability far enough. The idea that law’s...
Journal Article
Areas of Law: Three Questions in Special Jurisprudence
Tarunabh Khaitan and Sandy Steel
Oxford Journal of Legal Studies, Volume 43, Issue 1, Spring 2023, Pages 76–96, https://doi.org/10.1093/ojls/gqac025
Published: 26 October 2022
... in relation to areas of law as such. special jurisprudence areas of law philosophical foundations legal theory Legal theorists, for the most part, used to confine themselves to the enterprise of understanding the nature of law and related phenomena generally. Only relatively recently has...
Journal Article
Demystifying Legal Personhood for Non-Human Entities: A Kelsenian Approach
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Thomas Buocz and Iris Eisenberger
Oxford Journal of Legal Studies, Volume 43, Issue 1, Spring 2023, Pages 32–53, https://doi.org/10.1093/ojls/gqac024
Published: 11 October 2022
... the legal persons, by preventing the attribution of any other rights and obligations to these persons and, finally, by tracing who is ultimately addressed by the relevant rights and obligations. legal theory public law positivism Kelsen comparative law In 2014, the New Zealand Parliament adopted...
Journal Article
The Normativity of Law: Has the Dispositional Model Solved our Problem?
Andreas Vassiliou
Oxford Journal of Legal Studies, Volume 42, Issue 3, Autumn 2022, Pages 943–962, https://doi.org/10.1093/ojls/gqac012
Published: 23 June 2022
... of law remains. normativity practical reasoning legal theory jurisprudence legal philosophy Raz Let me tell you something you probably already know: most articles with a yes/no question in their title give a negative answer. This paper is no exception. In Legal Directives and Practical...
Journal Article
Two Attitudes towards Textuality in International Law: The Battle for Dualism
Jean d’Aspremont
Oxford Journal of Legal Studies, Volume 42, Issue 4, Winter 2022, Pages 963–984, https://doi.org/10.1093/ojls/gqac010
Published: 11 June 2022
... textuality and the distinct types of dualism they reveal, this article makes a plea for a greater embrace of international poetics by international lawyers, and thus for a complete remoulding of international lawyers’ dualist patterns of thought. international law international legal theory interpretation...
Journal Article
Less Incorrect Ways of Doing Jurisprudence
Raffael N Fasel
The American Journal of Jurisprudence, Volume 67, Issue 1, June 2022, Pages 83–117, https://doi.org/10.1093/ajj/auac004
Published: 04 May 2022
... presented at the Cambridge Forum for Legal and Political Philosophy, the Cambridge Legal Theory Discussion Group, and the Jurisprudence Discussion Group in Oxford. I am grateful to the conveners and the participants for their helpful feedback, and owe special thanks to Tom Adams, John Adenitire, Trevor...
Journal Article
The alegality of blockchain technology
Primavera De Filippi and others
Policy and Society, Volume 41, Issue 3, September 2022, Pages 358–372, https://doi.org/10.1093/polsoc/puac006
Published: 16 February 2022
Journal Article
Ad Hominem Criminalisation and the Rule of Law: The Egalitarian Case against Knife Crime Prevention Orders
Alex Green and Jennifer Hendry
Oxford Journal of Legal Studies, Volume 42, Issue 2, Summer 2022, Pages 634–660, https://doi.org/10.1093/ojls/gqab041
Published: 28 December 2021
... that such criminalisation individualises, differentiates and instrumentalises the regulatory subject, placing them outwith the bounds of civic equality as established by the Rule of Law. ad hominem criminalisation Rule of Law legal theory knife crime regulation Arts and Humanities Research Council 10.13039...
Journal Article
What Might (Finally) Kill the Jus ad Bellum?
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Monica Hakimi
Current Legal Problems, Volume 74, Issue 1, 2021, Pages 101–123, https://doi.org/10.1093/clp/cuab003
Published: 01 August 2021
... bellum war international legal theory compliance The UN Charter turned 75 this year. When it was signed in the final months of World War II, it was an absolute game-changer for the jus ad bellum—the body of international law that governs when states may use force across national borders...
Journal Article
The Use of Trusts to Subvert the Law: An Analysis and Critique
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Mark Bennett and Adam Hofri-Winogradow
Oxford Journal of Legal Studies, Volume 41, Issue 3, Autumn 2021, Pages 692–718, https://doi.org/10.1093/ojls/gqaa008
Published: 17 January 2021
... and participants at the University of Melbourne legal theory workshop, the Global Perspectives on Fiduciary Law conference held at IDC Herzliya and the ninth annual meeting of the Association of Law, Property, and Society, held at the University of Maastricht, for comments on an earlier draft, as well...
Journal Article
A Legal Black Hole in the Cosmos of Virtue—The Politics of Human Rights Critique Against the World Bank
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Dimitri Van Den Meerssche
Human Rights Law Review, Volume 21, Issue 1, March 2021, Pages 80–107, https://doi.org/10.1093/hrlr/ngaa045
Published: 08 January 2021
... engendered by repeated enactments of these deeply engrained juridical juxtapositions. This analysis provides an innovative, relational understanding of international law with analytical value beyond the scope of this particular debate. World Bank human rights performativity Socio-Legal Theory Throughout...
Journal Article
Unjust Enrichment: What We Owe to Each Other
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Tatiana Cutts
Oxford Journal of Legal Studies, Volume 41, Issue 1, Spring 2021, Pages 114–141, https://doi.org/10.1093/ojls/gqaa038
Published: 03 December 2020
... choose; everyone could rationally choose a rule placing the burden of risk for mistake with payees, if that rule does not make any such payee worse off than she was prior to the impugned transaction. unjust enrichment restitution private law legal theory contractualism For three decades, much...
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