A short history of legal validity and invalidity : foundations of private and public law / Maris Köpcke.

Format:

Book

Author/Creator:

Köpcke Tinturé, Maris, 1978- author.

Language:

English

Subjects (All):

Effectiveness and validity of law.

Civil law.

Public law.

Rule of law.

Physical Description:

1 online resource (xiii, 158 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Intersentia, 2019.

System Details:

text file

PDF

Summary:

The twin ideas of legal validity and invalidity are ubiquitous in contemporary private and public law. But their roots lie buried deep in European legal culture. This book for the first time traces and reveals these roots. In the course of a 2000-year journey through landmark texts of the Western tradition, from Roman law to modern codification and constitutionalism, the book shows that, contrary to what is often assumed, validity and invalidity originated in the domain of private transactions and only gradually came to be deployed in the domain of official power and law-making. This went hand in hand with legal thought's acknowledgement that law-making itself can be (in)valid, because legally limited, most recently by a body of constitutionally enshrined human rights. Understanding why, not only when, the technique of validity appeared, teaches valuable lessons about the kinds of social and political transformation that this technique can help realise - particularly in our age of emerging legal orders, shifting forms of governance, and fresh challenges to the regulation of exchanges in a digitally scripted world. This accessibly written work will appeal to anyone concerned with validity or invalidity in legal scholarship and practice, whether in public or private law. Dr. Maris Köpcke is a Research Fellow at the Faculty of Law, University of Oxford, and a Lecturer at the Faculty of Law, University of Barcelona. She holds a doctorate from Oxford, which won the European Award for Legal Theory 2011. She is the author of Legal Validity: The Fabric of Justice (2019).The book features over a dozen original drawings by the author's mother, Trini Tinturé.

Contents:

Chapter 2 Our Technique of Legal Validity p. 11

I Beyond 'Validity' Talk p. 11

II Six Main Features p. 14

Chapter 3 Roman Private Law: Rowing Against the Tide p. 23

I Ulpian's Enigmatic Classification p. 24

II The ius civile Tide p. 31

III Changing obligationes by Saying So p. 33

Chapter 4 Roman Law-Making: Power Usurped p. 39

I Legislation by Popular Assemblies p. 41

II Senate's Veto p. 43

III Praetorian Law p. 45

IV Senatusconsulta p. 46

V Imperial Law p. 47

Chapter 5 Gratian's Decretum (Mid-12th): A Novel Use p. 51

I Justinian's Legacy p. 51

II Gratian's Innovation p. 54

III Validity of Transactions p. 56

IV Validity of Enactments p. 61

Chapter 6 The Decretals (Mid-13th): The Terminology Settles p. 65

I The Pope Takes Charge p. 65

II Acts that Determine Validity p. 68

Chapter 7 Bartolus (Mid-14th): From a World State to a World of States p. 73

I The New Place of Law p. 73

II Validity of Transactions p. 76

III The Dilemma Concerning Enactments p. 82

IV The Venetian Statute p. 85

V Overcoming the Dilemma p. 91

Chapter 8 Suarez (Early 17th): Inherent Legal Power p. 99

I The School of Natural Law p. 99

II Validity of Transactions p. 101

III Validity of Enactments p. 108

IV A Troubling Contact Point p. 111

Chapter 9 Codes and Constitutions (19th Onwards): The Tables are Turned p. 115

I Savigny on Transactions p. 116

II Codifying Private Law p. 124

III The Rechtsstaat p. 128

I Taking Stock p. 137

II Validity's Power p. 140.

Notes:

Title from publisher's bibliographic system (viewed on 08 Nov 2019).

Other Format:

Print version:

ISBN:

9781780689203

Access Restriction:

Restricted for use by site license.