Legal Validity And Soft Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Legal Validity And Soft Law PDF full book. Access full book title Legal Validity And Soft Law.
| Author | : Pauline Westerman |
| Publisher | : Springer |
| Total Pages | : 266 |
| Release | : 2018-12-05 |
| Genre | : Law |
| ISBN | : 3319775227 |
Download Legal Validity and Soft Law Book 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.
| Author | : Andreas Ladner |
| Publisher | : Springer |
| Total Pages | : 397 |
| Release | : 2018-08-07 |
| Genre | : Political Science |
| ISBN | : 3319923811 |
Download Swiss Public Administration Book in PDF, ePub and Kindle
Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
| Author | : Petra L. Láncos |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 269 |
| Release | : 2023-07-01 |
| Genre | : Law |
| ISBN | : 1802208917 |
Download The Legal Effects of EU Soft Law Book in PDF, ePub and Kindle
This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
| Author | : Maris Köpcke |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Effectiveness and validity of law |
| ISBN | : 9781474202886 |
Download Legal Validity Book 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"--Bloomsbury Publishing.
| Author | : Samantha Besson |
| Publisher | : Oxford University Press |
| Total Pages | : 1233 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198745362 |
Download The Oxford Handbook on the Sources of International Law Book in PDF, ePub and Kindle
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
| Author | : Marta Poblet |
| Publisher | : Springer |
| Total Pages | : 130 |
| Release | : 2019-05-28 |
| Genre | : Law |
| ISBN | : 303013363X |
Download Linked Democracy Book in PDF, ePub and Kindle
This open access book shows the factors linking information flow, social intelligence, rights management and modelling with epistemic democracy, offering licensed linked data along with information about the rights involved. This model of democracy for the web of data brings new challenges for the social organisation of knowledge, collective innovation, and the coordination of actions. Licensed linked data, licensed linguistic linked data, right expression languages, semantic web regulatory models, electronic institutions, artificial socio-cognitive systems are examples of regulatory and institutional design (regulations by design). The web has been massively populated with both data and services, and semantically structured data, the linked data cloud, facilitates and fosters human-machine interaction. Linked data aims to create ecosystems to make it possible to browse, discover, exploit and reuse data sets for applications. Rights Expression Languages semi-automatically regulate the use and reuse of content.
| Author | : Miodrag A. Jovanović |
| Publisher | : Cambridge University Press |
| Total Pages | : 287 |
| Release | : 2019-04-25 |
| Genre | : Law |
| ISBN | : 1108473334 |
Download The Nature of International Law Book in PDF, ePub and Kindle
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
| Author | : Hugh Thirlway |
| Publisher | : Oxford University Press |
| Total Pages | : 262 |
| Release | : 2014-02 |
| Genre | : Law |
| ISBN | : 0199685398 |
Download The Sources of International Law Book in PDF, ePub and Kindle
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
| Author | : Dinah Shelton |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 596 |
| Release | : 2003 |
| Genre | : Business & Economics |
| ISBN | : 9780199270989 |
Download Commitment and Compliance Book in PDF, ePub and Kindle
The studies in this book concern the nature of international law, how it is and is not constituted, and whether commitments that are legally binding can change the behaviour of states as well as or better than non-binding legal norms do.
| Author | : Stephen Munzer |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 80 |
| Release | : 2012-12-06 |
| Genre | : Law |
| ISBN | : 9401192715 |
Download Legal Validity Book in PDF, ePub and Kindle
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).
