A Pragmatic Standard Of Legal Validity

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Legal Validity and Soft Law

Author : Pauline Westerman
Publisher : Springer
ISBN 13 : 3319775227
Total Pages : 271 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Legal Validity and Soft Law by : Pauline Westerman

Download or read book Legal Validity and Soft Law written by Pauline Westerman and published by Springer. This book was released on 2018-12-05 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hart, Fuller, and Everything After

Author : Allan C Hutchinson
Publisher : Bloomsbury Publishing
ISBN 13 : 150996522X
Total Pages : 247 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Hart, Fuller, and Everything After by : Allan C Hutchinson

Download or read book Hart, Fuller, and Everything After written by Allan C Hutchinson and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.

The Development of Ethics: Volume 2

Author : Terence Irwin
Publisher : OUP Oxford
ISBN 13 : 0191562408
Total Pages : 937 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Development of Ethics: Volume 2 by : Terence Irwin

Download or read book The Development of Ethics: Volume 2 written by Terence Irwin and published by OUP Oxford. This book was released on 2008-07-31 with total page 937 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Development of Ethics is a selective historical and critical study of moral philosophy in the Socratic tradition, with special attention to Aristotelian naturalism. It discusses the main topics of moral philosophy as they have developed historically, including: the human good, human nature, justice, friendship, and morality; the methods of moral inquiry; the virtues and their connexions; will, freedom, and responsibility; reason and emotion; relativism, subjectivism, and realism; the theological aspect of morality. This volume examines early modern moral philosophy from the sixteenth to the eighteenth century. Volume 3 will continue the story up to Rawls's Theory of Justice. The present volume begins with Suarez's interpretation of Scholastic moral philosophy, and examines seventeenth- and eighteenth- century responses to the Scholastic outlook, to see how far they constitute a distinctively different conception of moral philosophy. The treatments of natural law by Grotius, Hobbes, Cumberland, and Pufendorf are treated in some detail. Disputes about moral facts, moral judgments, and moral motivation, are traced through Cudworth, Clarke, Balguy, Hutcheson, Hume, Price, and Reid. Butler's defence of a naturalist account of morality is examined and compared with the Aristotelian and Scholastic views discussed in Volume 1. The volume ends with a survey of the persistence of voluntarism in English moral philosophy, and a brief discussion of the contrasts and connexions between Rousseau and earlier views on natural law. The emphasis of the book is not purely descriptive, narrative, or exegetical, but also philosophical. Irwin discusses the comparative merits of different views, the difficulties that they raise, and how some of the difficulties might be resolved. The book tries to present the leading moral philosophers of the past as participants in a rational discussion that is still being carried on, and tries to help the reader to participate in this discussion.

Critical Perspectives on Nonacademic Science and Engineering

Author : Paul T. Durbin
Publisher : Lehigh University Press
ISBN 13 : 9780934223157
Total Pages : 312 pages
Book Rating : 4.2/5 (231 download)

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Book Synopsis Critical Perspectives on Nonacademic Science and Engineering by : Paul T. Durbin

Download or read book Critical Perspectives on Nonacademic Science and Engineering written by Paul T. Durbin and published by Lehigh University Press. This book was released on 1991 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an attempt to get philosophers to concentrate on what scientists and engineers actually do.

Fundamentals of Legal Argumentation

Author : Eveline T. Feteris
Publisher : Springer
ISBN 13 : 9402411291
Total Pages : 371 pages
Book Rating : 4.4/5 (24 download)

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Book Synopsis Fundamentals of Legal Argumentation by : Eveline T. Feteris

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Law, Liberty, and the Rule of Law

Author : Imer B. Flores
Publisher : Springer Science & Business Media
ISBN 13 : 940074742X
Total Pages : 196 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Law, Liberty, and the Rule of Law by : Imer B. Flores

Download or read book Law, Liberty, and the Rule of Law written by Imer B. Flores and published by Springer Science & Business Media. This book was released on 2012-09-29 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

Legisprudence

Author : Luc J. Wintgens
Publisher : Routledge
ISBN 13 : 1317105915
Total Pages : 350 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legisprudence by : Luc J. Wintgens

Download or read book Legisprudence written by Luc J. Wintgens and published by Routledge. This book was released on 2016-04-22 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.

Pragmatics and Law

Author : Alessandro Capone
Publisher : Springer
ISBN 13 : 3319303856
Total Pages : 278 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Pragmatics and Law by : Alessandro Capone

Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

A Pragmatic Legal Expert System

Author : James Popple
Publisher : Dartmouth (Ashgate)
ISBN 13 : 1855217392
Total Pages : 406 pages
Book Rating : 4.8/5 (552 download)

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Book Synopsis A Pragmatic Legal Expert System by : James Popple

Download or read book A Pragmatic Legal Expert System written by James Popple and published by Dartmouth (Ashgate). This book was released on 1996-05-21 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most legal expert systems attempt to implement complex models of legal reasoning. This book argues that a complex model is unnecessary. It advocates a simpler, pragmatic approach in which the utility of a legal expert system is evaluated by reference, not to the extent to which it simulates a lawyer's approach to a legal problem, but to the quality of its predictions and of its arguments. The author describes the development of a legal expert system, called SHYSTER, which takes a pragmatic approach to case law. He discusses the testing of SHYSTER in four different and disparate areas of case law, and draws conclusions about the advantages and limitations of this approach to legal expert system development. Chapter 1 presents a critical analysis of previous work of relevance to the development of legal expert systems. Chapter 2 explains the pragmatic approach that was adopted in the development of SHYSTER. The implementation of SHYSTER is detailed using examples in chapter 3. Chapter 4 describes the testing of SHYSTER, and conclusions are drawn from those tests in chapter 5. Examples of SHYSTER's output are provided in appendices.

Juristic Concept of the Validity of Statutory Law

Author : Andrzej Grabowski
Publisher : Springer Science & Business Media
ISBN 13 : 3642276881
Total Pages : 603 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Juristic Concept of the Validity of Statutory Law by : Andrzej Grabowski

Download or read book Juristic Concept of the Validity of Statutory Law written by Andrzej Grabowski and published by Springer Science & Business Media. This book was released on 2013-06-24 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Constitutional Legitimacy of Law Officers in the United Kingdom

Author : Conor McCormick
Publisher : Bloomsbury Publishing
ISBN 13 : 1509944133
Total Pages : 273 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Constitutional Legitimacy of Law Officers in the United Kingdom by : Conor McCormick

Download or read book The Constitutional Legitimacy of Law Officers in the United Kingdom written by Conor McCormick and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed account of each law officer's functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy. In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom. McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it. Both aspects of the book – namely the explanation of individual functions and the conceptual analysis of collective legitimacy – are written in a holistic way which encompasses critical analyses about the Attorney General and Solicitor General for England and Wales; the Counsel General for Wales; the Lord Advocate, Solicitor General and Advocate General for Scotland, as well as the Attorney General and Advocate General for Northern Ireland.

The Logic of Legal Requirements

Author : Jordi Ferrer Beltrán
Publisher : OUP Oxford
ISBN 13 : 0191637688
Total Pages : 434 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Logic of Legal Requirements by : Jordi Ferrer Beltrán

Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by OUP Oxford. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.

Learning Legal Reasoning

Author : John Delaney
Publisher : John Delaney Publications
ISBN 13 : 0960851445
Total Pages : 152 pages
Book Rating : 4.9/5 (68 download)

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Book Synopsis Learning Legal Reasoning by : John Delaney

Download or read book Learning Legal Reasoning written by John Delaney and published by John Delaney Publications. This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description: This widely used book in many printings begins with answers to forty commonly asked questions of first-year law students. It specifies a six-step approach to briefing a case with specific guidelines for accomplishing each step. The process of briefing cases is then demonstrated with excellent and poor briefs of increasing complexity. Emphasis is placed initially on the techniques of briefing as an introduction to the learning of legal reasoning, the first priority of the first year of law school. In addition, the book also demonstrates the relevance of more advanced modes of legal reasoning, including positivist, pragmatic, policy oriented, natural-law and other perspectives applied in decoding and understanding cases. In its introduction of jurisprudential perspectives, Learning Legal Reasoning transcends the typical technical/positivist orientation of most first-year materials.

American Law and the Constitutional Order

Author : Lawrence Meir Friedman
Publisher : Harvard University Press
ISBN 13 : 9780674025271
Total Pages : 604 pages
Book Rating : 4.0/5 (252 download)

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Book Synopsis American Law and the Constitutional Order by : Lawrence Meir Friedman

Download or read book American Law and the Constitutional Order written by Lawrence Meir Friedman and published by Harvard University Press. This book was released on 1988 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

Author : Valentina Vadi
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368583
Total Pages : 459 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration by : Valentina Vadi

Download or read book Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration written by Valentina Vadi and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

Minobe Tatsukichi

Author : Frank O. Miller
Publisher : Univ of California Press
ISBN 13 : 0520324668
Total Pages : 408 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Minobe Tatsukichi by : Frank O. Miller

Download or read book Minobe Tatsukichi written by Frank O. Miller and published by Univ of California Press. This book was released on 2023-04-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1965.

Governing through Regulation

Author : Eric Windholz
Publisher : Taylor & Francis
ISBN 13 : 1317387716
Total Pages : 301 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Governing through Regulation by : Eric Windholz

Download or read book Governing through Regulation written by Eric Windholz and published by Taylor & Francis. This book was released on 2017-06-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, numerous theoretical advances have been made. From Ayres’ and Braithwaite’s ground breaking work on ‘responsive regulation’, we have seen models of ‘smart regulation’, ‘regulatory governance’ and ‘regulatory capitalism’ emerge to capture the growing prevalence and importance of regulation in modern liberal Western capitalist societies. Important advances also have been made in the practice of regulation, with regulators evolving from traditional enforcement focussed ‘command and control’ models to being ‘modern regulators’ with a suite of diverse and innovative regulatory tools at their disposal. The book presents and critically examines these theoretical and practical developments from the perspective of governments who design regulations, and the regulators that deploy them. In doing so, the book examines the various forces and interests that influence and shape the regulatory endeavour, and the practical challenges facing governments and regulators when deciding whether and how to regulate. This volume is a study of regulation in context: in the context of the public policy it is designed to deliver; the law that enables, shapes and holds it to account; and the evolving societal and institutional frameworks within which it takes place. Aimed to provide innovative cross-disciplinary conceptual frameworks that regulators, regulatees, those whom regulation is intended to benefit, and academics, might employ to better understand and undertake the regulatory endeavour. This will be of great interest to researchers, educators, advanced students and practitioners working in the fields of political science, public management and administration, and public policy. .