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Book Details :
Published on: 2016-01-01
Released on: 2016-01-01
Original language: English

Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination, however, many people seem to value public institutions for their own sake. The idea that political and legal institutions might be intrinsically valuable has received little philosophical attention. Why Law Matters presents the argument that legal institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value.Harel advances the argument in several ways. Firstly, he examines the value of rights. Traditionally it is believed that rights are valuable because they promote the realization of values such as autonomy. Instead Harel argues that the values underlying (some) rights are partially constructed by entrenching rights. Secondly he argues that the value of public institutions are not grounded (ONLY) in the contingent fact that such institutions are particularly accountable to the public. Instead, some goods are intrinsically public; their value hinges on their public provision. Thirdly he shows that constitutional directives are not mere contingent instruments to promote justice. In the absence of constitutional entrenchment of rights, citizens live "at the mercy of" their legislatures (even if legislatures protect justice adequately). Lastly, Harel defends judicial review on the grounds that it is an embodiment of the right to a hearing.The book shows that instrumental justifications fail to identify what is really valuable about public institutions and fail to account for their enduring appeal. More specifically legal theorists fail to be attentive to the sentiments of politicians, citizens and activists and to theorize public concerns in a way that is responsive to these sentiments. What is Ethics in Research & Why is It Important? Ethical Decision Making in Research. A lthough codes policies and principals are very important and useful like any set of rules they do not cover every situation ... I The Nature of International Law and the Concept of Sources 1. Introduction. The concept of the sources of law is frequently to be encountered in legal writing in the field of international law and in the decisions of ... Why Religion Matters: The Impact of Religious Practice on ... Introduction. By extolling freedom of religion in the schools President Bill Clinton has raised the level of debate on the importance of religion to American life ... Validity Legal Internet Encyclopedia of Philosophy Legal Validity. Legal validity governs the enforceability of law and the standard of legal validity enhances or restricts the ability of the political ruler to ... Philosophy - Wikipedia Philosophy (from Greek philosophia literally "love of wisdom") is the study of general and fundamental problems concerning matters such as ... Hugo Grotius - Internet Encyclopedia of Philosophy Hugo Grotius (15831645) Hugo Grotius was a Dutch humanist and jurist whose philosophy of natural law had a major impact on the development of seventeenth century ... Fellows - Oxford Centre for Animal Ethics Professor Mark Rowlands DPhil. is Professor of Philosophy at the University of Miami Florida. He received a DPhil from Oxford University and over the past two ... Precedent and Analogy in Legal Reasoning (Stanford ... 1. Precedent and analogy in legal reasoning. Arguments from precedent and analogy are characteristic of legal reasoning. Legal reasoning differs in a number of ways ... Law - Wikipedia The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?" while analytic jurisprudence asks "what is law?" Global Justice (Stanford Encyclopedia of Philosophy) Bibliography. Abizadeh A. 2010 Citizenship Immigration and Boundaries in Ethics and World Politics Duncan Bell (ed.) Oxford: Oxford University Press pp ...
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