Juristic Concept of the Validity of Statutory Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Juristic Concept of the Validity of Statutory Law write by Andrzej Grabowski. This book was released on 2013-06-24. Juristic Concept of the Validity of Statutory Law available in PDF, EPUB and Kindle. This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Legal Validity and Soft Law
Legal Validity and Soft Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Validity and Soft Law write by Pauline Westerman. This book was released on 2018-12-05. Legal Validity and Soft Law available in PDF, EPUB and Kindle. This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Legal Validity
Legal Validity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Validity write by Maris Köpcke. This book was released on 2019-01-24. Legal Validity available in PDF, EPUB and Kindle. Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity's point: whether, and if so how, the pervasive technique of validity can contribute to a legal system's ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.
The Modern Idea of the State
The Modern Idea of the State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Modern Idea of the State write by Hugo Krabbe. This book was released on 1922. The Modern Idea of the State available in PDF, EPUB and Kindle.
Essays in Legal Theory
Essays in Legal Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Essays in Legal Theory write by Robert Summers. This book was released on 2013-11-11. Essays in Legal Theory available in PDF, EPUB and Kindle. The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.
