| 书目名称 | Legal Validity and Soft Law | | 编辑 | Pauline Westerman,Jaap Hage,Anne Ruth Mackor | | 视频video | | | 概述 | Offers new insights into the nature of legal validity.Presents a philosophical analysis of soft law.Relates soft law and legal validity from the point of view of different legal traditions and differe | | 丛书名称 | Law and Philosophy Library | | 图书封面 |  | | 描述 | 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 dete | | 出版日期 | Book 2018 | | 关键词 | Alf Ross’s Probabilistic Concept of Validity; Concept and Validity of Law; Efficacy of Law; Juridical A | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-319-77522-7 | | isbn_ebook | 978-3-319-77522-7Series ISSN 1572-4395 Series E-ISSN 2215-0315 | | issn_series | 1572-4395 | | copyright | Springer International Publishing AG, part of Springer Nature 2018 |
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发表于 2025-3-21 16:11:45
