195092

Springer, Dordrecht

2018

266 pages

ISBN 978-3-319-77521-0

Law and Philosophy Library
vol. 122

Legal validity and soft law

Edited by

Pauline Westerman, Jaap Hage, Stephan Kirste , Anne Ruth Mackor

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 fullformal 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.

Publication details

Full citation [Harvard style]:

Westerman, P. , Hage, J. , Kirste, S. , Mackor, A. (eds) (2018). Legal validity and soft law, Springer, Dordrecht.

Validity in positive law

von der Pfordten Dietmar

1-18

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What is legal validity?

Hage Jaap

19-45

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Concept and validity of law

Kirste Stephan

47-73

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Sources and validity

Carpentier Mathieu

75-97

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Unlocking legal validity

Sandro Paolo

99-123

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A fuller understanding of legal validity and soft law

van Klink Bart; Lembcke Oliver W.

145-164

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Validity

Westerman Pauline

165-182

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A short note on the validity of rules guiding informal markets

Goyal Yugank; Westerman Pauline

183-192

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Critical remarks on Alf Ross's probabilistic concept of validity

Eliasz Katarzyna; Załuski Wojciech

193-202

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Sovereignty and validity

Waltermann Antonia

203-220

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Soft law in public international law

Brus Marcel M T A

243-266

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