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decision-making x Law x Civil Law x clear all

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The Impossibility of the Rule of Law

TIMOTHY A. O. ENDICOTT.

in Vagueness in Law

December 2000; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 10143 words.

By upsetting the standard view of adjudication, this book reaches conclusions that some people find horrible: when the law is vague, judicial decision-making will in some cases be...

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Meaning of Mistake

E. Allan Farnsworth.

in Alleviating Mistakes

September 2004; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 6322 words.

In identifying what is meant by a mistake that needs to be alleviated, this chapter presents the importance of perceptions and how this sort of mistake, when placed in a chain of events...

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The Role of Government, 1770–1870

P. S. Atiyah.

in The Rise and Fall of Freedom of Contract

November 1985; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 8461 words.

This chapter examines the changes in the role of the government in public administration in England during the period from 1770 to 1870 and its implications for freedom of contract. It...

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‘Mistakes of Law’ and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council

Aruna Nair.

in Philosophical Foundations of the Law of Unjust Enrichment

March 2009; p ublished online May 2009 .

Chapter. Subjects: Civil Law. 10774 words.

The chapter considers the implications of the decision of the House of Lords in Kleinwort Benson v Lincoln City Council for an understanding of the nature of legal reasoning. It also...

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Ignorance and Mistake

E. Allan Farnsworth.

in Alleviating Mistakes

September 2004; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 7626 words.

As sheer ignorance of reality can bring about just as much damage as a flawed perception of reality to the decision making process, misfortunes commonly occur because of ignorance. Thus,...

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Consent

Charlie Webb.

in Reason and Restitution

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Jurisprudence and Philosophy of Law. 13612 words.

Where a claimant is accorded the authority to determine an asset’s disposition, we need to know when that authority has been properly exercised. The significance of ‘unjust factors’ such as...

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Prosecution and Its Alternatives

Peter Alldridge.

in Criminal Justice and Taxation

February 2017; p ublished online April 2017 .

Chapter. Subjects: Criminal Law; Civil Law. 11247 words.

Since the overwhelming preponderance of tax evasion is not prosecuted, the decision when to prosecute is rarely automatic and is critically important. Large numbers of cases will satisfy...

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Criminal Justice and Taxation

Peter Alldridge.

February 2017; p ublished online April 2017 .

Book. Subjects: Criminal Law; Civil Law. 256 pages.

The book considers the development of tax evasion offences and the relationship between them and the pertinent evidential rules, prosecution structures, and decision-making processes. It...

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Non-Governmental Organizations and Civil Society

Peter J. Spiro.

in The Oxford Handbook of International Environmental Law

August 2008; p ublished online September 2012 .

Article. Subjects: Law; International Law; Environment and Energy Law; Civil Law. 9137 words.

Among the features of emerging decision-making structures, the participation of non-governmental organisations (NGOs) may be the least amenable to traditional models of world politics. For...

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