Why Law Matters

Why Law Matters
Author :
Publisher : OUP Oxford
Total Pages : 253
Release :
ISBN-10 : 9780191030727
ISBN-13 : 0191030724
Rating : 4/5 (724 Downloads)

Book Synopsis Why Law Matters by : Alon Harel

Download or read book Why Law Matters written by Alon Harel and published by OUP Oxford. This book was released on 2014-02-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 realisation 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 theorise public concerns in a way that is responsive to these sentiments.

Why Law Matters Related Books

Why Law Matters
Language: en
Pages: 253
Authors: Alon Harel
Categories: Law
Type: BOOK - Published: 2014-02-14 - Publisher: OUP Oxford

GET EBOOK

Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desi
Free Course Book for Course 3: Statutory Law and Intelligence 2011
Language: en
Pages: 2170
Authors:
Categories:
Type: BOOK - Published: - Publisher: David Alan Jordan

GET EBOOK

Federal Activities Inventory Reform Act of 1998
Language: en
Pages: 6
Authors: United States
Categories: Administrative agencies
Type: BOOK - Published: 1998 - Publisher:

GET EBOOK

Inherently Governmental Functions and Department of Defense Operations
Language: en
Pages: 60
Authors: John R. Luckey
Categories: Technology & Engineering
Type: BOOK - Published: 2010 - Publisher: DIANE Publishing

GET EBOOK

An ¿inherently governmental function¿ is one that, as a matter of law and policy, must be performed by fed. gov¿t. employees and cannot be contracted out bec
Soldiers' and Sailors' Civil Relief Act
Language: en
Pages: 42
Authors: United States
Categories: Soldiers
Type: BOOK - Published: 1972 - Publisher:

GET EBOOK