Legal validity and soft law. ([2018])

• Record Type: Book
• Further Information: Note: Pauline Westeman, Jaap Hage, Stephan Kirste, Anne Ruth Mackor, editors.
• Editors: Westerman, Pauline C; Hage, J. C (Jacob Cornelis); Kirste, Stephan; Mackor, Anne Ruth, 1960-
• Contents: Intro; Preface; Contents; Validity in Positive Law: A Mere Summary Concept; 1 Introduction; 2 Legal Practice; 3 History of the Concept of Validity in Philosophy and Legal Theory; 4 Validity as the Decision About the Membership of a Norm in a Legal System?; 5 What Is the Function of the Summary Concept of Validity in Metanorms?; 6 Is the Concept of Validity a Continuum Concept?; 7 What Are the Inner Legal Conditions for a Legal Norm to Be Valid Law?; 8 What Are the Outer Legal Conditions for a Legal Norm to Be Valid Law? 9 What Is the Relationship of the Summary Concept of Legal Validity to the Other Phases Respectively Consecutive Properties of...References; What Is Legal Validity? Lessons from Soft Law; 1 Introduction; 2 Internal and External Claims About Legal Validity; 2.1 Binding Force; 2.2 Introducing Validity Claims; 2.3 Internal Validity Claims: Binding Force and Source Validity; 2.4 External Validity Claims: Validity as Efficacy; 3 Reason-Based Logic; 3.1 Introduction; 3.2 Reasons Instead of Rules; 3.3 Reasons; 3.4 Nexus; 3.5 Balancing; 3.6 Exclusionary Reasons and Rules; 3.7 Exceptions to Rules 3.8 Conclusion4 Legal Reasoning as Dialog; 4.1 Legal Constructivism; 4.2 Reasons in a Dialogical Setting; 4.3 Commitment; 4.4 The Role of Law; 5 The Nature of Soft Law; 5.1 Two Sides of Soft Law; 5.2 Applicability; 5.3 Binding Force; 5.4 Substantive and Formal Reasons for Binding Force; 5.5 Exceptions and Strength of Reasons; 6 Conclusion; References; Concept and Validity of Law; 1 Introduction; 2 The Concept of Law: Law as a Reflective Normative System; 2.1 The Definition of Law; 2.2 Possible Objections to This Definition; 3 The Concept of the Validity of Law; 3.1 Validity 3.2 Validity of Law3.3 Forms of the Validity of Law; Reasons for the Distinctions of the Forms of Validity; Legal Validity of Law; The Social Validity of Law; The Moral Validity of Law; The Mutual Relation of the Forms of Validity; 4 Conclusion: The Bindingness of Law; References; Sources and Validity; 1 Introduction; 2 Sources of Law: The Simple Model; 2.1 Sources as (Generic) Facts; 2.2 Source Statements; 2.3 Source Statements and Legal Statements; 2.4 Sources, Persons, and Authorities; 3 Sources, Membership, Conformity; 3.1 Two Notions of Validity; 3.2 Sources as Criteria of Membership 3.3 Sources, Validity, and Publicity4 To Sum Up and Proceed Elsewhere; References; Unlocking Legal Validity: Some Remarks on the Artificial Ontology of Law; 1 Introduction; 2 The Ambiguity About Validity; 2.1 The Source of the Ambiguity; 2.2 The Ambiguity in Kelsen; 2.3 The Results of the Ambiguity; 3 Some Remarks on Normative Ontology; 4 Explaining the Validity Vis-à-vis the Existence of Law; 4.1 Formal and Material Validity; 4.2 Formally Valid but Not Materially So-The Mysterious Status of ``Unlawful Law;́́ 4.3 The Artificial Ontology of Modern Law
• Publisher Details: Cham, Switzerland : Springer
• Publication Date: 2018
• Extent: 1 online resource
• Subjects: 340.1; Effectiveness and validity of law; Soft law; Electronic books
• Languages: English
• ISBNs: 9783319775227; 3319775227
• Related ISBNs: 3319775219; 9783319775210
• Notes: Note: Description based on online resource; title from digital title page (viewed on January 28, 2019).
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.