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Legal Validity The Fabric of Justice European Academy of Legal Theory Series 1st Edition by Maris Köpcke ISBN 9781509904280 150990428X

Name: Legal Validity The Fabric of Justice European Academy of Legal Theory Series 1st Edition by Maris Köpcke ISBN 9781509904280 150990428X
SKU: EB-32736596
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Legal Validity The Fabric of Justice European Academy of Legal Theory Series 1st Edition Maris Köpcke Digital Instant Download

Author(s): Maris Köpcke

ISBN(s): 9781509904280, 9781509904297, 9781849466868, 150990428X, 1509904298, 1849466866, 2018038297, 2018038553

Edition: 1

File Details: PDF, 1.71 MB

Year: 2019

Language: English

SKU: EB-32736596 Category: Jurisprudence & Law Tag: Maris Köpcke

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Legal Validity The Fabric of Justice European Academy of Legal Theory Series 1st Edition by Maris Köpcke – Ebook PDF Instant Download/Delivery: 9781509904280, 150990428X
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ISBN 10: 150990428X
ISBN 13: 9781509904280
Author: Maris Köpcke

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.

Legal Validity The Fabric of Justice European Academy of Legal Theory Series 1st Edition Table of 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

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Tags: Maris Köpcke, Legal Validity, Justice, European Academy, Legal Theory