Pauline Westeman, Jaap Hage, Stephan Kirste, Anne Ruth Mackor, editors.
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Cham, Switzerland :
Name of Publisher, Distributor, etc.
Springer,
Date of Publication, Distribution, etc.
[2018]
PHYSICAL DESCRIPTION
Specific Material Designation and Extent of Item
1 online resource (271 pages)
SERIES
Series Title
Law and Philosophy Library ;
Volume Designation
Volume 122
CONTENTS NOTE
Text of Note
Validity in positive law : a mere summary concept / Dietmar von der Pfordten -- What is legal validity? : lessons from soft law / Jaap Hage -- Concept and validity of law / Stephan Kirste -- Sources and validity / Mathieu Carpentier -- Unlocking legal validity : some remarks on the artificial ontology of law / Paolo Sandro -- What is legal validity and is it important? : some critical remarks about the legal status of soft law / Anne Ruth Mackor -- A fuller understanding of legal validity and soft law / Bart van Klink and Oliver W. Lembcke -- Validity : the reputation of rules / Pauline Westerman -- A short note on the validity of rules guiding informal markets / Yugank Goyal and Pauline Westerman -- Critical remarks on Alf Ross's probabilistic concept of validity / Katarzyna Eliasz and Wojciech Załuski -- Sovereignty and validity : on the relation between the concepts and the role of acceptance / Antonia Waltermann -- Legal validity, soft law, and international human rights law / Mátyás Bódig -- Soft law in public international law : a pragmatic or a principled choice? : comparing the Sustainable Development Goals and the Paris Agreement / Marcel M.T.A. Brus.
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SUMMARY OR ABSTRACT
Text of Note
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.