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

Wildy’s Book News

Book News cover photo

Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Biall2018b
Blackstone 2019
Archbold 2019 out now
Apil clinical negligence
Tolleys health
Chitty 33rd
Ws hxmas

Legal Validity: The Fabric of Justice


ISBN13: 9781849466868
To be Published: January 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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

Series: European Academy of Legal Theory Series

£58.50 + £11.70 VAT
(ePub)
Buy
£34.18 + £6.84 VAT
(ePub)
Buy
An Introduction to Comparative Law Theory and Method (eBook) ISBN 9781782254065
Published June 2014
Hart Publishing
£17.98 + £3.60 VAT
(ePub)
Buy
An Introduction to Comparative Law Theory and Method ISBN 9781849466431
Published June 2014
Hart Publishing
£19.99
Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? ISBN 9781849464994
Published May 2013
Hart Publishing
£23.99
£19.99 + £4.00 VAT
(ePub)
Buy
Objectivity in Law and Legal Reasoning (eBook) ISBN 9781782250685
Published January 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Objectivity in Law and Legal Reasoning ISBN 9781849464413
Published January 2013
Hart Publishing
£60.00
Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? ISBN 9781849461702
Published February 2011
Hart Publishing
£45.00
Making the Law Explicit: The Normativity of Legal Argumentation ISBN 9781841134918
Published September 2008
Hart Publishing
£60.00
The Policy of Law: A Legal Theoretical Framework ISBN 9781841137230
Published November 2007
Hart Publishing
£60.00
Epistemology and Methodology of Comparative Law ISBN 9781841134437
Published June 2004
Hart Publishing
£75.00
Legisprudence
ISBN 9781841133423
Published November 2002
Hart Publishing
£85.00
Law as Communication ISBN 9781841133416
Published October 2002
Hart Publishing
£65.00
On Law and Legal Reasoning ISBN 9781841132754
Published August 2002
Hart Publishing
£65.00
The Harmonisation of European Private Law ISBN 9781841131375
Published October 2000
Hart Publishing
£80.00
Moral Conflict and Legal Reasoning ISBN 9781841131085
Published December 1999
Hart Publishing
£65.00