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Books on the topic 'Legal validity theory of discourse'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

A theory of legal argumentation: The theory of rational discourse as theory of legal justification. Oxford University Press, 2010.

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2

A theory of legal argumentation: The theory of rational discourse as theory of legal justification. Clarendon Press, 1989.

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3

Wedar, Sven. Realism and validity: Studies in the legal theory of Alf Ross. [Studentlitteratur], 1985.

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4

Gies, Lieve. Autopoiesis and discourse in legal theory: A critical inquiry. University of Birmingham, 1997.

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5

Fleerackers, Frank. Affective legal analysis: On the resolution of conflict / by Frank Fleerackers. Duncker & Humblot, 2000.

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6

Gutiérrez-Jones, Carl Scott. Rethinking the borderlands: Between Chicano culture and legal discourse. University of California Press, 1995.

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7

Barsky, Robert F. Constructing a productive other: Discourse theory and the convention refugee hearing. John Benjamins Pub. Co., 1994.

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8

William, Blackstone. An analysis of the laws of England: To which is prefixed an introductory discourse on the study of the law. 3rd ed. W.S. Hein & Co., 1997.

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9

Pavlakos, George. Our Knowledge of the Law: Objectivity and Practice in Legal Theory. Hart Publishing, 2007.

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10

Pavlakos, George. Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today). Hart Publishing, 2007.

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11

Haggenmacher, Peter. Sources in the Scholastic Legacy. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0002.

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This chapter enquires into the sources of international law in the scholastics. In fact the concept of sources of law obtained general currency in legal discourse, and how international law took shape as a legal discipline only after the heyday of scholasticism. But the two main pillars of what was to become classical international law in the eighteenth century—natural law and the law of nations—were both part of the theologians’ teachings of moral philosophy, especially with the Dominicans and later the Jesuits. Examining the two concepts handed down from Antiquity, Thomas Aquinas had assigne

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12

Lovalerie, King, and Schur Richard L, eds. African American culture and legal discourse. Palgrave Macmillan, 2009.

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13

Barsky, Robert F. Constructing a Productive Other: Discourse Theory and the Convention Refugee Hearing (Pragmatics and Beyond New Series). John Benjamins Publishing Co, 1995.

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14

Gragl, Paul. Legal Monism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796268.001.0001.

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This book defends the theory of legal monism against dualism and pluralism. Whereas dualism holds that different bodies of law such as international and national law are entirely separate and pluralism argues that there are many potentially overlapping and heterarchical bodies of law, monism considers all law to form part of one unitary and hierarchically ordered legal order, be it international, EU, or national law. To this end, this book will use the pure theory of law of the Vienna School of Jurisprudence, which has—since its inception in the first half of the twentieth century—been largely

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15

Robert, Howse. Part I Histories, Ch.11 Schmitt, Schmitteanism and Contemporary International Legal Theory. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0012.

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This chapter provides an overview of the concepts and arguments of Carl Schmitt (1888–1985)—Hitler’s chief legal official and an international law apologist for Nazi aggression — that have gained the most purchase in contemporary international legal discourse, primarily international legal theory. The chapter critically engages with a select group of scholars who have deployed Schmitt in contemporary international legal theory. These are: Martti Koskenniemi, Eric Posner and Adrian Vermeule, Paul Kahn, and Nehal Bhuta. Lastly, the chapter concludes with some observations about what the use of S

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Gragl, Paul. The Epistemological Necessity of Legal Monism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796268.003.0003.

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This chapter depicts and defends monism in its positivist-epistemological manifestation (as envisaged by the Vienna School of Jurisprudence’s pure theory of law) as the most viable concept to theorize the relationship between different bodies of law. After a short introduction to the (neo-)Kantian sources of Kelsen’s theory, the concept of the Grundnorm and the hierarchy of norms will be discussed in detail. Subsequently, it will be argued why legal monism under the primacy of international law is the only avenue through which the law can be meaningfully cognized and the concept of legal valid

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d’Argent, Pierre. Sources and the Legality and Validity of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0026.

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This chapter argues that, from the perspective of a theory about the sources of international law, what matters is not so much to determine whether international law is really law, but, rather, what makes law ‘international’. It first recalls the structural reasons inherent to international law that explain the specificity and the crucial character of the issue of sources—understood as a process of legal identification—in that legal order, as opposed to sources in domestic law. The chapter then contextualizes Article 38 of the International Court of Justice (ICJ) Statute by recalling its speci

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Moscowitz, Leigh. Gay Marriage Goes Prime-Time. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038129.003.0004.

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This chapter examines the storytelling techniques that were used by journalists to produce the gay marriage issue for prime-time news audiences in 2003–2004, including labeling, framing, sourcing, imagery, and graphics. It discusses the discursive strategies employed by mainstream media to create conflict in the news; how sensationalist labels and descriptive language were used in news stories to validate historic homophobic discourses; and how privileging dominant political and religious sources worked to dichotomize the debate and silence moderate perspectives. It also explores how standard

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19

Baynes, Kenneth. 31. Habermas. Oxford University Press, 2017. http://dx.doi.org/10.1093/hepl/9780198708926.003.0031.

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This chapter examines Jürgen Habermas's major contributions to social and political thought. Habermas is regarded as one of the most influential figures in contemporary political theory. In his later work Habermas has begun to expand the normative political implications of his work in social theory and philosophy, culminating in Between Facts and Norms. This chapter first provides an overview of Habermas's earlier work, especially his study on the transformation of the liberal or bourgeois public sphere, before discussing his theory of communicative action (or action based on mutually supposed

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20

Colón-Ríos, Joel. Constituent Power and the Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198785989.001.0001.

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This book examines the place of the concept of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. It shows that constituent power, even though having historically been associated with extra-legality and violations of the constitutional order, has played important functions in the making of determinations of legal validity. Constitutional courts have employed it to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution

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21

Gasbarri, Lorenzo. The Concept of an International Organization in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192895790.001.0001.

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Despite their exponential growth in number and activities, international law lacks a comprehensive legal concept of an international organization. The book tackles this topic from the perspective of the legal nature of the legal systems developed by international organizations. It is the first comprehensive study of the different concepts under which international organizations’ legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, informalism. It has a threefold purpose: to trace the historical origins of the different concepts of an international organizati

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22

Clark, J. C. D. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816997.003.0009.

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The changing fortunes of democracy and of rights discourse in the present have provoked the concern that ‘History is not turning out as intended’. Such changing fortunes call for renewed attention to the ‘age of revolution’ and a reconsideration of its conventional historiography. Universalism must now be balanced against particularism. Paine helps that analysis, and also sheds light on the unexplained contradiction in recent historiography between a late eighteenth century dominated by natural rights and Enlightenment discourse, and an early nineteenth dominated by utilitarianism and socialis

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23

Harris, Daniel W., Daniel Fogal, and Matt Moss. Speech Acts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198738831.003.0001.

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This introduction is both a capsule history of major work in speech-act theory and an opinionated guide to its current state, organized around five major accounts of what speech acts fundamentally are. We first consider the two classical views, on which a speech act is the kind of act it is mainly due to convention (Austin), or to intention (Grice). We then spell out three other broad approaches, which conceive of speech acts primarily in terms of their function, or as the expression of mental states, or as constituted by norms. With these five families of views laid out, we relate them in tur

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24

Alexy, Robert. Law's Ideal Dimension. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198796831.001.0001.

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Law in general, including constitutional rights and legal argumentation, has a dual nature. This is the underlying thesis of this collection of twenty-one chapters devoted to legal philosophy and constitutional law. Law connects a real dimension, defined by authoritative issuance and social efficacy, with an ideal dimension, defined by the claim to correctness, which essentially includes a claim to justice. The chapters of the first part of the book establish on this basis a non-positivistic concept of law. In the second part, the concept of constitutional rights is connected with proportional

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25

O'Driscoll, Cian. Victory. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198832911.001.0001.

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Victory has historically been regarded as the ‘telos’ or ‘very object’ of war. As one well-placed commentator has noted, war is all about winning. It is baffling to note, then, that contemporary just war theory, the predominant framework for addressing the moral and legal questions that war raises, does not engage the discourse of victory. Today’s just war theorists shun the language of victory, preferring instead to speak about the ‘endings’ of warfare. This book investigates why just war theorists have been so reluctant to speak about victory. It identifies seven principal objections to invo

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26

Golub, Mark. Beyond Color-Blindness and Color-Consciousness. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190683603.003.0001.

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This introductory chapter analyzes how color-blindness discourse functions simultaneously as legal doctrine and as political ideology. As doctrine, “getting beyond race” is the ostensible goal of both conservative and liberal theories of equal protection, expressed as principles of anticlassification or antidiscrimination respectively. Both views are criticized by antisubordination theory, which rejects color-blindness even in its aspirational form. As ideology, color-blindness establishes a racial common sense meant to reconcile the nation’s moral condemnation of racism with entrenched and pe

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27

von Daniels, Detlef. Sources and the Normativity of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0032.

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This chapter finds that questioning the normativity of the sources of international law inevitably leads into the domain of legal philosophy. For showing that legal philosophy itself is a contested field of approaches, a hermeneutic perspective on the question of normativity is developed that stresses historical and contextual forms of understanding. Incidentally, Kelsen’s theory serves as a switchboard to relate a variety of historical debates to the contemporary discourse in the tradition of analytical jurisprudence. In practical terms, the relevance of this approach is discussed regarding t

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28

Türk, Johannes. At the Limits of Rhetoric. Edited by Jens Meierhenrich and Oliver Simons. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199916931.013.40.

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This chapter analyzes the systematic relationship of Carl Schmitt’s oeuvre to rhetoric, arguing that his work cannot be detached from its engagement in a simultaneously metaphysical and historical polemic. The encounter between history and metaphysics manifests in the dimension of the commonplace. Schmitt’s contributions to political theory can be understood as attempts to shift the commonplaces through which his time defines itself. Tracing the influence of Schmitt’s early literary criticism on his legal writing, the chapter demonstrates that for him, literature is a school of rhetoric, an ex

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29

Ziogas, Ioannis. Law and Love in Ovid. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198845140.001.0001.

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In classical scholarship, the presence of legal language in love poetry is commonly interpreted as absurd and incongruous. Ovid’s legalisms have been described as frivolous, humorous, and ornamental. This book challenges this widespread, but ill-informed view. Legal discourse in Latin love poetry is not incidental, but fundamental. Inspired by recent work in the interdisciplinary field of law and literature, the book argues that the Roman elegiac poets point to love as the site of law’s emergence. The Latin elegiac poets may say ‘make love, not law’, but in order to make love, they have to mak

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30

López Zamora, Luis A. Normatividad Internacional en Colisión con la Norma Fundamental del Derecho Internacional. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0005.

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It is undeniable that current international relations are exhibiting regressive trends that target International Law Rule of Law. These trends have limited the space for the construction of a coherent discourse coming from the constitutional school of International Law; however, this scenario is not only the result of speculative behavior of certain states. It lies—as well—in the lack of an articulate theory offered by international constitutionalism directed to explain the consequences of asserting the existence of a fundamental norm in the international realm. If the constitutional movement

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31

Finlay, Stephen, and David Plunkett. Quasi-Expressivism about Statements of Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828174.003.0002.

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Speech and thought about what the law is commonly function in practical ways to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is an expressivist analysis of legal statements. This paper advances a rival, positivist-friendly account of legal statements which the authors call “quasi-expressivist”. It combines a descriptivist, “rule-relational” semantics with a pragmatic account of the expressive and practical functions of legal discourse. This approach is at least as well-equipped as express

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32

Vatter, Miguel. Divine Democracy. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190942359.001.0001.

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The ‘return of religion’ in the public sphere and the emergence of postsecular societies have propelled the discourse of political theology into the centre of contemporary democratic theory. This situation calls forth the question addressed in this book: Is a democratic political theology possible? Carl Schmitt first developed the idea of the Christian theological foundations of modern legal and political concepts in order to criticize the secular basis of liberal democracy. He employed political theology to argue for the continued legitimacy of the absolute sovereignty of the state against th

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33

Bajpai, Asha. Child Rights in India. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199470716.001.0001.

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Legislation is one of the most important tools for empowering children. Recent years have seen several key developments in the law, policy, and practice related to child rights. Significantly, with the adoption of the United Nations Convention on the Rights of the Child in 1989, a rights-based approach has acquired prominence in the child rights discourse across the world. The book analyses the laws in the light of court judgments and policy initiatives taken in India. It also examines the interventions and strategies employed by non-governmental organizations in recommending legislative refor

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Blackbourn, Jessie, Fiona de Londras, and Lydia Morgan. Accountability and Review in the Counter-Terrorist State. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781529206234.001.0001.

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The United Kingdom should now be understood as a counter-terrorist state, that is a state in which counter-terrorism law, policy, discourse, and operations are mainstreamed across the domains of law and government in forms that are conceptualised and designed as ‘permanent’ in at least some cases; in which non-state actors are responsibilised for counter-terrorism; and in which all persons are the subjects of counter-terrorism, although not to equal degrees. This book argues that counter-terrorism review—which it defines as the legal, political, and policy processes that consider the applicati

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Singer, Abraham A. The Form of the Firm. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190698348.001.0001.

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Contemporary discussions of the corporation tend to fall into one of two camps. The side that dominates much of public discourse is those who conceive of the corporation as purely economic. According to this view, corporations are “nexuses of contracts” that have no greater duties than to maximize profits for their shareholders and that should be given legal and political deference to do so. On the other side are those who conceive of the corporation in almost entirely political terms. In this view, corporations are created by government and exercise powers and privileges that are conceded to

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Gordon, Gregory S. Atrocity Speech Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190612689.001.0001.

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Hate speech is widely considered a precondition for mass atrocity. Since World War II a large body of case law has interpreted the key offenses criminalizing such discourse: (1) incitement to genocide; and (2) persecution as a crime against humanity. But the law has developed in a fragmented manner. Surprisingly, no volume has furnished a comprehensive analysis of the entire jurisprudential output and the relation of each of its parts to one another and to the whole. Atrocity Speech Law fills this gap and provides needed perspective for courts, government officials, and scholars. Part 1, “Foun

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37

Böckenförde, Ernst-Wolfgang. Religion, Law, and Democracy. Edited by Mirjam Künkler and Tine Stein. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198818632.001.0001.

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This is the first representative edition in English of Ernst-Wolfgang Böckenförde’s writings on religion, law, and democracy. As a historian, legal scholar, and former judge on Germany’s Federal Constitutional Court, Böckenförde (1930–2019) has shaped legal and political discourse in twentieth-century Germany like few others. Doing so, he combined three normative orientations writings as a political liberal, as a social democrat, and as a Catholic. The included articles discuss the place of religion in modern democracy, the role of the Catholic Church in the Nazi seizure of power in 1933, the

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38

Bauder, Harald. Labor Movement. Oxford University Press, 2006. http://dx.doi.org/10.1093/oso/9780195180879.001.0001.

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Throughout the industrialized world, international migrants serve as nannies, construction workers, gardeners and small-business entrepreneurs. Labor Movement suggests that the international migration of workers is necessary for the survival of industrialized economies. The book thus turns the conventional view of international migration on its head: it investigates how migration regulates labor markets, rather than labor markets shaping migration flows. Assuming a critical view of orthodox economic theory, the book illustrates how different legal, social and cultural strategies towards intern

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