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A Short History of Legal Validity and Invalidity - Foundations of Private and Public Law (Paperback)
Loot Price: R1,551
Discovery Miles 15 510
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A Short History of Legal Validity and Invalidity - Foundations of Private and Public Law (Paperback)
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Total price: R1,561
Discovery Miles: 15 610
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The twin ideas of legal validity and invalidity are ubiquitous in
contemporary private and public law. But their roots lie buried
deep in European legal culture. This book for the first time traces
and reveals these roots. In the course of a 2000-year journey
through landmark texts of the Western tradition, from Roman law to
modern codification and constitutionalism, the book shows that,
contrary to what is often assumed, validity and invalidity
originated in the domain of private transactions and only gradually
came to be deployed in the domain of official power and law-making.
This went hand in hand with legal thought's acknowledgement that
law-making itself can be (in)valid, because legally limited, most
recently by a body of constitutionally enshrined human rights.
Understanding why, not only when, the technique of validity
appeared, teaches valuable lessons about the kinds of social and
political transformation that this technique can help realise
particularly in our age of emerging legal orders, shifting forms of
governance, and fresh challenges to the regulation of exchanges in
a digitally scripted world.This accessibly written work will appeal
to anyone concerned with validity or invalidity in legal
scholarship and practice, whether in public or private law.
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