Why Law Matters

Nonfiction, Reference & Language, Law, Jurisprudence, Religion & Spirituality, Philosophy
Cover of the book Why Law Matters by Alon Harel, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Alon Harel ISBN: 9780191030734
Publisher: OUP Oxford Publication: February 13, 2014
Imprint: OUP Oxford Language: English
Author: Alon Harel
ISBN: 9780191030734
Publisher: OUP Oxford
Publication: February 13, 2014
Imprint: OUP Oxford
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 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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from OUP Oxford

Cover of the book Financial Systems in Developing Economies by Alon Harel
Cover of the book Silas Marner by Alon Harel
Cover of the book Capitalism Unleashed by Alon Harel
Cover of the book Practical Intelligence and the Virtues by Alon Harel
Cover of the book Red Saxony by Alon Harel
Cover of the book Prayer after Augustine by Alon Harel
Cover of the book Governance of Addictions by Alon Harel
Cover of the book The Eighteenth Century by Alon Harel
Cover of the book Molecular Electromagnetism: A Computational Chemistry Approach by Alon Harel
Cover of the book Enlightenment Contested by Alon Harel
Cover of the book The Inessential Indexical: On the Philosophical Insignificance of Perspective and the First Person by Alon Harel
Cover of the book Corporate Governance and Managerial Reform in Japan by Alon Harel
Cover of the book Max Weber and 'The Protestant Ethic' by Alon Harel
Cover of the book Little Women by Alon Harel
Cover of the book Geriatric Medicine: an evidence-based approach by Alon Harel
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy