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Why Law Matters (Oxford Legal Philosophy), by Alon Harel
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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 realization 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 theorize public concerns in a way that is responsive to these sentiments.
- Sales Rank: #3930181 in Books
- Published on: 2016-01-01
- Released on: 2016-01-01
- Original language: English
- Number of items: 1
- Dimensions: 6.10" h x .60" w x 9.20" l, .0 pounds
- Binding: Paperback
- 256 pages
Review
"Its rich, detailed, intricate and novel argumentation ought to appeal to those with strong deontological intuitions and, no doubt, will stimulate the development of philosophical thought both sympathetic to and antithetical to Harel's conclusions." -Barbara Baum Levenbook, Notre Dame Philosophical Reviews
About the Author
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.
Most helpful customer reviews
0 of 0 people found the following review helpful.
Behind the Facade of Power
By George P. Flecher
In the political realm we tend to justify our institutions – our prisons, our defense establishment,
our schools – by the effectiveness of the job done. If private institutions can do the job better, than get the state out of the business. Not so fast, argues Alon Harel. The state’s performing these acts lends a special element of meaning to the experience of the citizen. The point of his thought-provoking book is to foster appreciation for these complex interactions between state and citizen. In broader terms, this book is a necessary read for those looking beyond the simple-minded arguments of economists and lawyers. This book is ideal for students or scholars looking for distinctive new ideas that will enrich their research and raise their writing to a more sophisticated level.
0 of 1 people found the following review helpful.
Excellent. Swift read and a lot to think about later.
By Tom Urbach
Although it is an academic book, it's written like a popular science article - which is a big advantage. Once you'll get into the book you won't stop reading it, it's interesting and easy to understand (especially the last part regarding the constitution). The book is well-built, and Harel's arguement is rather clear.
You will not notice it while reading, but after finishing it you will have some deep thoughts about the philosophy of law that will keep your mind busy.
The only thing I disliked is that it's too short...
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