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Critical human interests are affected on a daily basis by appeal to
past decisions deemed to be 'legally valid'. They include statutes,
deportation orders, judgments, mortgage contracts, patents and
wills. Through the technique of validity, lawyerly reasoning
settles morally pressing matters in a way that largely bypasses
moral argument. Legal philosophy has paid considerable attention to
validity criteria, but it has neglected to explore validity's
point: whether, and if so how, the pervasive technique of validity
can contribute to a legal system's ability to realise justice and
human rights. This book shows that validity can help a political
community to foster justice precisely because validity does not
primarily turn on moral considerations. Validity serves to both
allocate, and limit, a distinct kind of power, a power that is key
to forging valuable forms of enterprise and commitment in pursuit
of individual and collective self-direction. By entrusting the
capacity to decide to those who, in justice, ought to bear it,
validity can enable persons and institutions to rally the resources
and opportunities that only large-scale behavioural convergence can
afford, thereby weaving a fabric of just relationships within the
systemic framework of law.
Critical human interests are affected on a daily basis by appeal to
past decisions deemed to be 'legally valid'. They include statutes,
deportation orders, judgments, mortgage contracts, patents and
wills. Through the technique of validity, lawyerly reasoning
settles morally pressing matters in a way that largely bypasses
moral argument. Legal philosophy has paid considerable attention to
validity criteria, but it has neglected to explore validity's
point: whether, and if so how, the pervasive technique of validity
can contribute to a legal system's ability to realise justice and
human rights. This book shows that validity can help a political
community to foster justice precisely because validity does not
primarily turn on moral considerations. Validity serves to both
allocate, and limit, a distinct kind of power, a power that is key
to forging valuable forms of enterprise and commitment in pursuit
of individual and collective self-direction. By entrusting the
capacity to decide to those who, in justice, ought to bear it,
validity can enable persons and institutions to rally the resources
and opportunities that only large-scale behavioural convergence can
afford, thereby weaving a fabric of just relationships within the
systemic framework of law.
The important aspects of human wellbeing outlined in human rights
instruments and constitutional bills of rights can only be
adequately secured as and when they are rendered the object of
specific rights and corresponding duties. It is often assumed that
the main responsibility for specifying the content of such genuine
rights lies with courts. Legislated Rights: Securing Human Rights
through Legislation argues against this assumption, by showing how
legislatures can and should be at the centre of the practice of
human rights. This jointly authored book explores how and why
legislatures, being strategically placed within a system of
positive law, can help realise human rights through modes of
protection that courts cannot provide by way of judicial review.
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