Legal validity and soft law
Author(s)
Bibliographic Information
Legal validity and soft law
(Law and philosophy library, v. 122)
Springer, c2018
Available at 5 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references
Description and Table of Contents
Description
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.
Table of Contents
Chapter 1: What Is Validity? Lessons From Soft Law (Jaap Hage).- Chapter 2: Concept and Validity of Law (Stephan Kirste).- What is legal validity and is it important? Some critical remarks about the legal status of soft law (Anne-Ruth Mackor).- Chapter 4: Validity: The Reputation Of Rules (Pauline Westerman).- Chapter 5: Sources of Validity (Matthieu Carpentier).- Chapter 6: Unpacking Legal Validity (Paolo Sandro).- Chapter 7: Critical Remarks on Alf Ross's Probabilistic Concept of Validity (Katarzyna Eliasz).- Chapter 8: A Fuller Understanding of Legal Validity and Soft Law (Bart van Klink).- Chapter 9: Sovereignty And Validity (Antonia Waltermann).- Chapter 10: A Short Note On Validity Of Rules Guiding Informal Markets (Yugank Goyal).- Chapter 11: Legal Validity, Soft Law and International Human Rights Law (Matyas Bodig).- Chapter 12: Validity in positive law (Dietmar von der Pfordten).
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