Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Legal Validity: The Fabric of Justice


ISBN13: 9781849466868
Published: January 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00
Paperback edition , ISBN13 9781509945245



Despatched in 10 to 12 days.

Also available as

Legal reasoning settles morally pressing matters through a technique that largely bypasses open-ended moral argument. That technique makes central what certain persons validly decided in the past, for example in creating statutes, judicial resolutions, contracts, or wills.

Identifying valid decisions is a lawyerly skill and, echoing legal practice, legal philosophy has paid considerable attention to validity criteria. But it has neglected to explore validity's point: whether, and if so exactly how, the special technique of validity contributes to a legal system's ability to realise justice and human rights. Even the most sensible defences of the moral need for positive law have insufficiently probed this key step in the argument.

This book lays bare the workings of legal validity, and shows why, and within what general limits, this technique equips legal systems with privileged tools to foster human well-being. In so doing, the book explains how power-conferring norms setting out validity criteria endow agents' intentions with 'performative' effect ('I hereby...') and can secure the requirement of justice that there be widespread convergence on specific patterns of conduct shaped through a cooperative effort.

Legal meaning is accordingly systemic, resulting from the valid acts of multiple agents whose decisions can, by virtue of exercising legal power, also exercise moral power (authority).

In short, the book articulates why it is morally necessary that validity does not primarily turn on moral considerations.

Subjects:
Jurisprudence
Contents:
1. 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 Spell"

Series: European Academy of Legal Theory Series

The Nature and Impacts of Noncompliance ISBN 9781509966288
To be published January 2025
Hart Publishing
£42.99
The Nature and Impacts of Noncompliance ISBN 9781509966240
Published June 2023
Hart Publishing
£85.00
The Nature and Impacts of Noncompliance (eBook) ISBN 9781509966257
Published June 2023
Hart Publishing
£76.50
(ePub)
Buy
Global Constitutionalism and Its Challenges to Westphalian Constitutional Law ISBN 9781509941186
Published October 2020
Hart Publishing
£34.99
Legal Validity: The Fabric of Justice ISBN 9781509945245
Published October 2020
Hart Publishing
£34.99
Legal Validity: The Fabric of Justice (eBook) ISBN 9781509904297
Published January 2019
Hart Publishing
£31.49
(ePub)
Buy
An Introduction to Comparative Law Theory and Method ISBN 9781849466431
Published May 2014
Hart Publishing
£26.99
An Introduction to Comparative Law Theory and Method (eBook) ISBN 9781782254065
Published May 2014
Hart Publishing
£24.29
(ePub)
Buy
Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? ISBN 9781849464994
Published May 2013
Hart Publishing
£29.99
£26.99
(ePub)
Buy
Objectivity in Law and Legal Reasoning ISBN 9781849464413
Published January 2013
Hart Publishing
£90.00
Objectivity in Law and Legal Reasoning (eBook) ISBN 9781782250685
Published January 2013
Hart Publishing
£81.00
(ePub)
Buy
Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? ISBN 9781849461702
Published February 2011
Hart Publishing
£75.00
Making the Law Explicit: The Normativity of Legal Argumentation ISBN 9781841134918
Published September 2008
Hart Publishing
£90.00
The Policy of Law: A Legal Theoretical Framework ISBN 9781841137230
Published November 2007
Hart Publishing
£90.00
Epistemology and Methodology of Comparative Law ISBN 9781841134437
Published June 2004
Hart Publishing
£100.00
Legisprudence
ISBN 9781841133423
Published November 2002
Hart Publishing
£130.00
Law as Communication ISBN 9781841133416
Published October 2002
Hart Publishing
£95.00
On Law and Legal Reasoning ISBN 9781841132754
Published August 2002
Hart Publishing
£95.00
The Harmonisation of European Private Law ISBN 9781841131375
Published October 2000
Hart Publishing
£120.00
Moral Conflict and Legal Reasoning ISBN 9781841131085
Published December 1999
Hart Publishing
£95.00