A Short History Of Legal Validity And Invalidity
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A Short History Of Legal Validity And Invalidity
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Author : Maris Köpcke Tinturé
language : en
Publisher:
Release Date : 2019
A Short History Of Legal Validity And Invalidity written by Maris Köpcke Tinturé and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Civil law categories.
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.
A Short History Of Legal Validity And Invalidity
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Author : Maris Köpcke
language : en
Publisher:
Release Date : 2019
A Short History Of Legal Validity And Invalidity written by Maris Köpcke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Effectiveness and validity of law categories.
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.
Legal Validity
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Author : Maris Köpcke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-01-24
Legal Validity written by Maris Köpcke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-24 with Law categories.
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.
Natural Law And Modern Society
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Author : Sean Coyle
language : en
Publisher: Oxford University Press
Release Date : 2023-07-12
Natural Law And Modern Society written by Sean Coyle and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-12 with Law categories.
Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are ‘post-truth’ and ‘alternative facts’. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.
Preclassical Conflict Of Laws
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Author : Nikitas Hatzimihail
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22
Preclassical Conflict Of Laws written by Nikitas Hatzimihail and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with History categories.
Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.
The Cambridge Handbook Of Comparative Law
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Author : Mathias Siems
language : en
Publisher: Cambridge University Press
Release Date : 2024-01-31
The Cambridge Handbook Of Comparative Law written by Mathias Siems and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-31 with Law categories.
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Legal Power And Legal Competence
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Author : Gonzalo Villa-Rosas
language : en
Publisher: Springer Nature
Release Date : 2023-07-11
Legal Power And Legal Competence written by Gonzalo Villa-Rosas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-11 with Law categories.
This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Philosophical Foundations Of Precedent
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Author : Timothy Endicott
language : en
Publisher: Oxford University Press
Release Date : 2023-02-13
Philosophical Foundations Of Precedent written by Timothy Endicott and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-13 with Stare decisis categories.
Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.
Legal History
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Author : Frederick G Kempin Jr
language : en
Publisher:
Release Date : 2012-03-01
Legal History written by Frederick G Kempin Jr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with categories.