Law Commons^™

Rights Adjudication And Constitutional Pluralism In Germany And Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Constitutional Courts, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Neofunctionalism And Supranational Governance (Unabridged Version), Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

The European Court Of Justice, State Non-Compliance, And The Politics Of Override, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

A Cosmopolitan Legal Order: Constitutional Pluralism And Rights Adjudication In Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Regional Integration And The Evolution Of The European Polity: On The Fiftieth Anniversary Of The Journal Of Common Market Studies, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast

Gillian K Hadfield

Most economic and positive political theory presumes the existence of an effective legal regime (protecting property rights or implementing legislative or judicial choices, for example). Yet social science has devoted little systematic attention to the question of what constitutes distinctively legal order. Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law, one that does not account for the distinctive attributes of …

Rational Reasonableness: Toward A Positive Theory Of Public Reason, Gillian K. Hadfield, Stephen Macedo

Gillian K Hadfield

Why is it important for people to agree on and articulate shared reasons for just laws, rather than whatever reasons they personally find compelling? What, if any, practical role does public reason play in liberal democratic politics? We argue that the practical role of public reason can be better appreciated by examining the structural similarities in normative and positive political theory. Specifically, we consider the analytical parallels between Rawls’ account of political liberalism and a rational choice model of legal order recently proposed by Hadfield & Weingast (2011). The positive model proposes that a shared system of reasoning—a common logic—plays …

What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast

Gillian K Hadfield

Legal philosophers have long debated the question, what is law? But few in social science have attempted to explain the phenomenon of legal order. In this article, we build a rational choice model of legal order in an environment that relies exclusively on decentralized enforcement, such as we find in human societies prior to the emergence of the nation state and inmanymodern settings.Wedemonstrate thatwecan support an equilibrium in which wrongful behavior is effectively deterred by exclusively decentralized enforcement, specifically collective punishment. Equilibrium is achieved by an institution that supplies a common logic for classifying behavior as wrongful or not. We …

Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não pode deixar de haver uma relação entre Estado e valores. Sem alguns valores partilhados, o Estado tem dificuldades. Há sempre, de um modo ou de outro, uma Ética no Estado. Ou várias. Como lidar com as éticas e as morais em sociedades pluralista como as nossas? Esta dificuldade obriga-nos também a repensar o próprio Estado, também desafiado por tempos de globalização. Foram estas algumas das interrogações que desejamos colocar neste estudo, elaborado para corresponder ao honroso convite para colaborar no portentoso volume que homenageia o grande constitucionalista brasileiro, e Vice-Presidente da República Federativa do Brasil, Prof. Michel Temer.

Law And Identity, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.

Legal Geography, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.

Justice Can Never Truly Be Blind: Review Of Visualizing Law In The Age Of The Digital Baroque: Arabesques And Entanglements By Richard Sherwin, Sarah Marusek

Sarah Marusek, Ph.D

No abstract provided.

Compliance Audit Of Anti-Corruption Regulations: A Case Study From Carpatistan Customs, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

The principles and findings from internal government audits (aimed at generating recommendations to improve compliance with anti-corruption regulations) can greatly contribute to the wider anti-corruption literature. Internal audit techniques can overcome the weaknesses of the four predominant approaches to evaluating anti-corruption regulatory performance – the systems design approach, the ad-hoc controls studies approach, the descriptive legal analysis approach and the prescriptive manuals and handbooks approach. This paper discusses a compliance audit of anti-corruption regulations in an anti-corruption audit conducted in 2009. The audit findings and recommendations illustrate the ways that models and previous research in the social sciences can be …

Whither Turkish Capitalism?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Turkish families will likely cede their controlling interests in Turkey’s dominant holding companies in the upcoming decades as Wall Street clamours for a greater share of developing world profits and families enjoy the fruits of their oligopolistic labours.

Equitable Fiscal Regionalism, Matthew J. Parlow

Matthew Parlow

The Utility Of Regional Peremptory Norms In International Affairs, Reza Hasmath

Reza Hasmath

Bad News For John Marshall, David B. Kopel, Gary Lawson

David B Kopel

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.