Legal Validity

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509904298
Total Pages : 316 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Legal Validity by : Maris Köpcke

Download or read book Legal Validity written by Maris Köpcke and published by Bloomsbury Publishing. This book was released on 2019-01-24 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Short History of Legal Validity and Invalidity

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Publisher :
ISBN 13 : 9781780689203
Total Pages : pages
Book Rating : 4.6/5 (892 download)

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Book Synopsis A Short History of Legal Validity and Invalidity by : Maris Köpcke Tinturé

Download or read book A Short History of Legal Validity and Invalidity written by Maris Köpcke Tinturé and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The twin ideas of legal validity and invalidity are ubiquitous in contemporary private and public law. But their roots lie buried deep in European legal culture. This book for the first time traces and reveals these roots. In the course of a 2000-year journey through landmark texts of the Western tradition, from Roman law to modern codification and constitutionalism, the book shows that, contrary to what is often assumed, validity and invalidity originated in the domain of private transactions and only gradually came to be deployed in the domain of official power and law-making. This went hand in hand with legal thought's acknowledgement that law-making itself can be (in)valid, because legally limited, most recently by a body of constitutionally enshrined human rights. Understanding why, not only when, the technique of validity appeared, teaches valuable lessons about the kinds of social and political transformation that this technique can help realise - particularly in our age of emerging legal orders, shifting forms of governance, and fresh challenges to the regulation of exchanges in a digitally scripted world. This accessibly written work will appeal to anyone concerned with validity or invalidity in legal scholarship and practice, whether in public or private law. Dr. Maris Köpcke is a Research Fellow at the Faculty of Law, University of Oxford, and a Lecturer at the Faculty of Law, University of Barcelona. She holds a doctorate from Oxford, which won the European Award for Legal Theory 2011. She is the author of Legal Validity: The Fabric of Justice (2019). The book features over a dozen original drawings by the author's mother, Trini Tinturé.

Legal Validity and Soft Law

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Author :
Publisher : Springer
ISBN 13 : 3319775227
Total Pages : 266 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 266 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.

Republican Legal Theory

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Publisher : Springer
ISBN 13 : 0230513409
Total Pages : 200 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Republican Legal Theory by : M. Sellers

Download or read book Republican Legal Theory written by M. Sellers and published by Springer. This book was released on 2003-09-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.

Legal Validity

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Publisher : Springer Science & Business Media
ISBN 13 : 9401192715
Total Pages : 80 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Legal Validity by : Stephen Munzer

Download or read book Legal Validity written by Stephen Munzer and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of legal validity is an expanded and thoroughly revised version of my B.Phil. thesis in philosophy at Oxford University in 1969. I am grateful to Professor R. M. Hare, Dr. P. M. Hacker, and Mr. L. J. Cohen for their patient criticism of earlier drafts, and to Professor Donald H. Regan for several suggestions at a later stage. I owe a much larger debt to Professor H. L. A. Hart for his detailed comments on the completed thesis. His help has been especially gener ous in light of the fact that I have so often disagreed with him. It should not be assumed that those from whose advice I have benefited share the views expressed in this essay. I am responsible for any mistakes it may contain. In the footnotes I have used the following abbreviations: CL - Hart, The Concept of Law (1961) GT - Kelsen, General Theory of Law and State (1945) PT - Kelsen, Pure Theory of Law (1967) LJ - Ross, On Law and Justice (1958).

A Short History of Legal Validity and Invalidity

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Publisher :
ISBN 13 : 9781780688152
Total Pages : 0 pages
Book Rating : 4.6/5 (881 download)

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Book Synopsis A Short History of Legal Validity and Invalidity by : Maris Köpcke

Download or read book A Short History of Legal Validity and Invalidity written by Maris Köpcke and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the uncharted history of validity and invalidity, two central categories of legal thought ubiquitous in contemporary private and public law. It shows how they emerged in response to social needs that remain pressing today.

Juristic Concept of the Validity of Statutory Law

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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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

CHALLENGING THE VALIDITY OF WILLS.

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Publisher :
ISBN 13 : 9780779886364
Total Pages : pages
Book Rating : 4.8/5 (863 download)

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Book Synopsis CHALLENGING THE VALIDITY OF WILLS. by : IAN M. HULL

Download or read book CHALLENGING THE VALIDITY OF WILLS. written by IAN M. HULL and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Legal Science

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Publisher : OUP Oxford
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law and Legal Science by : J. W. Harris

Download or read book Law and Legal Science written by J. W. Harris and published by OUP Oxford. This book was released on 1979 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Our Knowledge of the Law

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Publisher :
ISBN 13 : 9781472563996
Total Pages : 267 pages
Book Rating : 4.5/5 (639 download)

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Book Synopsis Our Knowledge of the Law by : George Pavlakos

Download or read book Our Knowledge of the Law written by George Pavlakos and published by . This book was released on 2007 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory.

Philosophy of Law

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Publisher : Princeton University Press
ISBN 13 : 0691163960
Total Pages : 180 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Philosophy of Law by : Andrei Marmor

Download or read book Philosophy of Law written by Andrei Marmor and published by Princeton University Press. This book was released on 2014-12-21 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.

Institutional Legal Facts

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Publisher : Springer Science & Business Media
ISBN 13 : 9401581983
Total Pages : 240 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Institutional Legal Facts by : D.W. Ruiter

Download or read book Institutional Legal Facts written by D.W. Ruiter and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. This conception, however, is unable to account for a variety of elements of modern legal systems that differ significantly from the classical notions. This book concerns the problem of which results of human activity can obtain legal validity. The author makes use of recent findings in speech act theory, especially John R. Searle and Daniel Vanderveken's illocutionary logic. He sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. The theory provides a classification of acts-in-the-law and of legal norms resulting from performances of these. Finally, the transition is made from institutional legal facts to legal institutions. The book is a contribution to the institutional theory of law as developed by N. MacCormick and O. Weinberger.

Conceptual Jurisprudence

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Publisher : Springer Nature
ISBN 13 : 3030788032
Total Pages : 315 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Conceptual Jurisprudence by : Jorge Luis Fabra-Zamora

Download or read book Conceptual Jurisprudence written by Jorge Luis Fabra-Zamora and published by Springer Nature. This book was released on 2021-09-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.

Telecommunications Law in the Internet Age

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Publisher : Elsevier
ISBN 13 : 9780080518688
Total Pages : 516 pages
Book Rating : 4.5/5 (186 download)

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Book Synopsis Telecommunications Law in the Internet Age by : Sharon K. Black

Download or read book Telecommunications Law in the Internet Age written by Sharon K. Black and published by Elsevier. This book was released on 2001-10-17 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: For companies in and around the telecommunications field, the past few years have been a time of extraordinary change-technologically and legally. The enacting of the Telecommunications Act of 1996 and the development of international trade agreements have fundamentally changed the environment in which your business operates, creating risks, responsibilities, and opportunities that were not there before. Until now, you'd have had a hard time finding a serious business book that offered any more than a cursory glance at this transformed world. But at last there's a resource you can depend on for in-depth analysis and sound advice. Written in easy-to-understand language, Telecommunications Law in the Internet Age systematically examines the complex interrelationships of new laws, new technologies, and new business practices, and equips you with the practical understanding you need to run your enterprise optimally within today's legal boundaries. * Offers authoritative coverage from a lawyer and telecommunications authority who has been working in the field for over three decades. * Examines telecommunications law in the U.S., at both the federal and state level. * Presents an unparalleled source of information on international trade regulations and their effects on the industry. * Covers the modern telecommunications issues with which most companies are grappling: wireless communication, e-commerce, satellite systems, privacy and encryption, Internet taxation, export controls, intellectual property, spamming, pornography, Internet telephony, extranets, and more. * Provides guidelines for preventing inadvertent violations of telecommunications law. * Offers guidance on fending off legal and illegal attacks by hackers, competitors, and foreign governments. * Helps you do more than understand and obey the law: helps you thrive within it.

Conditions of Validity and Cognition in Modern Legal Thought

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Author :
Publisher : Franz Steiner Verlag Wiesbaden GmbH
ISBN 13 :
Total Pages : 646 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Conditions of Validity and Cognition in Modern Legal Thought by : Neil MacCormick

Download or read book Conditions of Validity and Cognition in Modern Legal Thought written by Neil MacCormick and published by Franz Steiner Verlag Wiesbaden GmbH. This book was released on 1985 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the IVR 11th World Congress, Helsinki, 1983.

How Our Laws are Made

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Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis How Our Laws are Made by : John V. Sullivan

Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: