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OverviewCritical 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. Full Product DetailsAuthor: Maris KöpckePublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Dimensions: Width: 15.60cm , Height: 1.80cm , Length: 23.40cm Weight: 0.458kg ISBN: 9781849466868ISBN 10: 1849466866 Pages: 200 Publication Date: 24 January 2019 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. Introduction: Why Legal Validity? I. An Intriguing Fact II. The Code Idea III. A Neglected Question 2. Legal Power I. The Task Ahead II. Facilities to Change Legal Positions III. Super-Tramp IV. Raz’s Take V. Facilities Revisited, or Robert’s Home Move 3. Intention in Valid Acts I. Four Peculiar Traits II. The Technique of Communication III. Codes, or How to Speak Your Mind IV. Back to Law V. Valid Acts That Invoke a Legal Regime VI. Valid Acts That Circulate VII. Unintentional Valid Acts VIII. Failed Attempts IX. The Technique of Legal Validity 4. Justice and Convergence I. Duties of Justice II. Specific Convergence III. The Scope of Specific Convergence IV. Marking and Enforcing V. Law’s Marking: Legal Validity VI. Two Levels of Convergence 5. Reasons to Empower I. Empowerment II. Expertise and Capacity III. Proximity IV. The Rule of Law: Rulings V. The Rule of Law: Rulings About Validity VI. The Rule of Law: General Law-Making VII. Self-Direction 6. The Systemic Character of Legal Meaning I. The Moral Need for Law’s Positivity A. Determinacy B. Ease of Identification C. Targeted Crafting II. The Systemic Character of Legal Meaning III. A Function of the Acts of Others IV. Legal Meaning Through Time V. A Single Author? VI. Threads in a Fabric 7. Conclusion: The Fabric of Justice I. The Strength of Limited Power II. Validity’s SpellReviewsThere are a couple of wonderful things about this book. One is certainly the clearness of language and the general accessibility of her work. Another is her explicit focus on the technical aspect of the law, i.e., on the law as a specific social technique. This presents a welcome shift from a rather unfruitful focus on the law's essence to its functioning (note, not its function!), i.e., from what the law is to how exactly the law does what it does. -- Christoph Kletzer, Reader in Law, Kings College London * The American Journal of Jurisprudence * Author InformationMaris Köpcke is a Research Fellow at the Faculty of Law, University of Oxford, and a Lecturer at the Faculty of Law, University of Barcelona. Tab Content 6Author Website:Countries AvailableAll regions |
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