CART

(0) items

Why Law Matters,9780199643271
This item qualifies for
FREE SHIPPING!
FREE SHIPPING OVER $59!

Your order must be $59 or more, you must select US Postal Service Shipping as your shipping preference, and the "Group my items into as few shipments as possible" option when you place your order.

Bulk sales, PO's, Marketplace Items, eBooks, Apparel, and DVDs not included.

Why Law Matters

by
ISBN13:

9780199643271

ISBN10:
019964327X
Format:
Hardcover
Pub. Date:
4/13/2014
Publisher(s):
Oxford University Press

Questions About This Book?

Why should I rent this book?
Renting is easy, fast, and cheap! Renting from eCampus.com can save you hundreds of dollars compared to the cost of new or used books each semester. At the end of the semester, simply ship the book back to us with a free UPS shipping label! No need to worry about selling it back.
How do rental returns work?
Returning books is as easy as possible. As your rental due date approaches, we will email you several courtesy reminders. When you are ready to return, you can print a free UPS shipping label from our website at any time. Then, just return the book to your UPS driver or any staffed UPS location. You can even use the same box we shipped it in!
What version or edition is this?
This is the edition with a publication date of 4/13/2014.
What is included with this book?
  • The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any CDs, lab manuals, study guides, etc.
  • The Rental copy of this book is not guaranteed to include any supplemental materials. You may receive a brand new copy, but typically, only the book itself.

Summary

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.

Author Biography


Alon Harel, Mizock Professor of Law, Hebrew University of Jerusalem

Professor Alon Harel is a Mizock Professor of law and member of the Centre for Rationality at the Hebrew University of Jerusalem. He is a co-editor of Jerusalem Review of Legal Studies, a member of the editorial board of Criminal Law and Philosophy and a member of the editorial board of New Criminal Law Review. He writes on legal and political philosophy, criminal law theory, constitutional law theory, law and economics and human rights.

Table of Contents


1. Introduction
Part I Why Rights Matter
2. Why Rights Matter: The Interdependence of Rights and Values
PART II Why the State Matters: Dignity, Agency and the State
3. The Case Against Privatisation
4. Necessity Knows No Law
PART III Why Constitutions Matter: The Case for Robust Constitutionalism
5. Why Constitutional Rights Matter: The Case for Binding Constitutionalism
6. The Real Case For Judicial Review
7. Biology, Poetry and Political Theory: Some Ruminations On Methodology


Please wait while the item is added to your cart...