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Aim: Peace—Sanction: War

Kristina Lovrić-Pernak.

in Paradoxes of Peace in Nineteenth Century Europe

February 2015; p ublished online April 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; History of Law. 6876 words.

This chapter considers the sanction of international arbitration. Despite the restricting of international arbitration to causes of minor importance, the focus on the problem of the...

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The Classical Period

Mariam Sheibani, Amir Toft and Ahmed El Shamsy.

in The Oxford Handbook of Islamic Law

P ublished online April 2017 .

Article. Subjects: History of Law; Jurisprudence and Philosophy of Law. 15630 words.

This article examines whether the Qur’an served as a source for the early jurists during the classical period; whether Hadith reports contain authentic information regarding Muhammad’s...

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Constitutionalism

Mark E. Brandon.

in The Oxford Handbook of the U.S. Constitution

October 2015; p ublished online November 2015 .

Article. Subjects: Law; Constitutional and Administrative Law; History of Law; Jurisprudence and Philosophy of Law. 11490 words.

This chapter examines constitutionalism in the United States, with particular emphasis on its origins and the problems of constitutional failure. It begins with an overview of the origins...

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De Iure Civile in Artem Redigendo

James Gordley.

in The Jurists

October 2013; p ublished online January 2014 .

Chapter. Subjects: History of Law; Jurisprudence and Philosophy of Law. 9673 words.

This chapter examines the program of the humanists. The humanist jurists sought to remain faithful to the Roman texts, as understood by their authors. They were to construct an art or...

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Droit Civil Français

James Gordley.

in The Jurists

October 2013; p ublished online January 2014 .

Chapter. Subjects: History of Law; Jurisprudence and Philosophy of Law. 8217 words.

The iusnaturalists brought the law within the reach of educated nonspecialists. In France, their work transformed the education of jurists — a change which was brought about principally by...

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Europeanization, Islamization, and the New Imperialism of the Ottoman State

Mustafa Aksakal.

in Paradoxes of Peace in Nineteenth Century Europe

February 2015; p ublished online April 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; History of Law. 4121 words.

This chapter discusses the nineteenth-century Europeanization of the Ottoman state. At the end of this process the Ottoman state was vastly more centralized. Like its Habsburg and Romanov...

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<i>Falsafa</i> and Law

Andrew F. March.

in The Oxford Handbook of Islamic Law

P ublished online January 2016 .

Article. Subjects: Jurisprudence and Philosophy of Law; History of Law. 13735 words.

This article examines the place of law in the falsafa (philosophy) tradition. Political philosophy was largely a derivative topic for the philosophers of the Islamic world. One indication...

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From Invisible Peace to the Legitimation of War

Miloš Vec.

in Paradoxes of Peace in Nineteenth Century Europe

February 2015; p ublished online April 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; History of Law. 9232 words.

This chapter focuses on nineteenth-century international legal approaches to the regulation of peace, and highlights various shifts in conceptual history. It deals with some aspects of the...

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From Nationalist Peace to Democratic War

Thomas Hippler.

in Paradoxes of Peace in Nineteenth Century Europe

February 2015; p ublished online April 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; History of Law. 9529 words.

This chapter illustrates how the Holy Alliance and its Troppau Protocol express a principle which can be found—sometimes in disguised form—in virtually all ulterior peace movements: the...

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A Historiography of Islamic Law in the Mughal Empire

M. Reza Pirbhai.

in The Oxford Handbook of Islamic Law

P ublished online March 2016 .

Article. Subjects: Jurisprudence and Philosophy of Law; History of Law. 8021 words.

Whereas political and cultural histories of the Mughal Sultanate (1526–1858) abound, the study of Islamic law under the state’s auspices is less clearly drawn. This article considers the...

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