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

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Why Law Matters


ISBN13: 9780198766216
Published: October 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £19.99
Hardback edition , ISBN13 9780199643271



Low stock.

Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination, however, many people seem to value public institutions for their own sake.

The idea that political and legal institutions might be intrinsically valuable has received little philosophical attention. Why Law Matters presents the argument that legal institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value.

Harel advances the argument in several ways. Firstly, he examines the value of rights. Traditionally it is believed that rights are valuable because they promote the realisation of values such as autonomy. Instead Harel argues that the values underlying (some) rights are partially constructed by entrenching rights. Secondly he argues that the value of public institutions are not grounded (ONLY) in the contingent fact that such institutions are particularly accountable to the public. Instead, some goods are intrinsically public; their value hinges on their public provision.

Thirdly he shows that constitutional directives are not mere contingent instruments to promote justice. In the absence of constitutional entrenchment of rights, citizens live "at the mercy of" their legislatures (even if legislatures protect justice adequately). Lastly, Harel defends judicial review on the grounds that it is an embodiment of the right to a hearing.

The book shows that instrumental justifications fail to identify what is really valuable about public institutions and fail to account for their enduring appeal. More specifically legal theorists fail to be attentive to the sentiments of politicians, citizens and activists and to theorise public concerns in a way that is responsive to these sentiments.

Subjects:
Jurisprudence
Contents:
1. Introduction

PART I WHY RIGHTS MATTER
2. Why Rights Matter: The Interdependence of Rights and Values

PART II WHY THE STATE MATTERS: DIGNITY, AGENCY AND THE STATE
3. The Case Against Privatisation
4. Necessity Knows No Law

PART III WHY CONSTITUTIONS MATTER: THE CASE FOR ROBUST CONSTITUTIONALISM
5. Why Constitutional Rights Matter: The Case for Binding Constitutionalism
6. The Real Case For Judicial Review
7. Biology, Poetry and Political Theory: Some Ruminations On Methodology

Series: Oxford Legal Philosophy

Imposing Risk: A Normative Framework ISBN 9780199594054
To be published May 2017
Oxford University Press
£34.99
Law and Morality at War ISBN 9780199687398
To be published January 2017
Oxford University Press
£50.00
The Nature of Legislative Intent ISBN 9780198766209
Published February 2016
Oxford University Press
£19.99
Conscience and Conviction: The Case for Civil Disobedience ISBN 9780198759461
Published October 2015
Oxford University Press
£19.99
Why Law Matters ISBN 9780199643271
Published February 2014
Oxford University Press
£36.99
The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199681914
Published June 2013
Oxford University Press
£22.49
Conscience and Conviction: The Case for Civil Disobedience ISBN 9780199592944
Published October 2012
Oxford University Press
£38.99
Conscience and Conviction: The Case for Civil Disobedience (eBook) ISBN 9780191645921
Published October 2012
Oxford University Press
£16.66 + £3.33 VAT
(ePub)
Buy
The Nature of Legislative Intent ISBN 9780199646999
Published October 2012
Oxford University Press
£40.99
The Nature of Legislative Intent (eBook) ISBN 9780191645945
Published October 2012
Oxford University Press
£34.16 + £6.83 VAT
(ePub)
Buy
The Ends of Harm: The Moral Foundations of Criminal Law (eBook) ISBN 9780191018411
Published September 2011
Oxford University Press
£17.49 + £3.50 VAT
(ePub)
Buy
The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199554423
Published September 2011
Oxford University Press
£61.00