Ulteriori informazioni
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Sommario
- 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: Conclusion
Info autore
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.
Riassunto
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Testo aggiuntivo
There are plenty of legal scholars today writing about matters of pressing public concern, and there are plenty more who write on theoretical topics touching on our deepest commitments about the nature of law and state. But it is a very rare thing to find a writer who engages with the pressing issues of the day in a way that makes clear precisely how our deepest commitments are at stake and who makes a compelling case for thinking about those issues in a new and interesting way. Alon Harel has done just that with his stimulating, challenging, and evocative new book, Why Law Matters. It is a book that raises more questions than it answers. Although I doubt that any reader will be convinced by all its arguments, it is hard to imagine anyone finishing Why Law Matters without having at least some of his most basic beliefs about law and legal institutions unsettled, at least a little.
