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This Handbook discusses representative philosophers in the history
of the philosophy of law and social philosophy, giving clear
concise expert definitions and explanations of key personalities
and their ideas. It provides an essential reference for experts and
newcomers alike.
This Handbook discusses representative philosophers in the history
of the philosophy of law and social philosophy, giving clear
concise expert definitions and explanations of key personalities
and their ideas. It provides an essential reference for experts and
newcomers alike.
This Handbook discusses representative philosophers in the history
of the philosophy of law and social philosophy, giving clear
concise expert definitions and explanations of key personalities
and their ideas. It provides an essential reference for experts and
newcomers alike.
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.
Das Buch ist dem am 1. Juni 2014 verstorbenen Salzburger Rechts-
und Sozialphilosophen Michael Fischer gewidmet. Die Beitrage
wurdigen die Person und Bedeutung Michael Fischers und bilden seine
wichtigsten Interessensgebiete schwerpunktartig ab. Die Autorinnen
und Autoren behandeln dabei ein breites Themenspektrum, das sich
von Mozart-Opern uber Humanitat und Moral bis zu wirtschaftlichen,
politischen und rechtsphilosophischen Fragen spannt.
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