摘要:Why Law Matters defends the view that public institutions and legal procedures are not merely means to secure independently specifiable ends. They are constituent aspects of a just society, and the contribution they make to it is not contingent. I argue that various legal institutions and legal procedures, often perceived as contingent means to facilitate the realization of valuable ends, matter as such. This Article is a response to critiques of Why Law Matters . The critiques were devoted primarily to chapter three and chapter four of the book. Chapter three maintains that there are some goods—intrinsically public goods—that must be provided by the state. Chapter four discusses cases of emergency and argues that decisions in cases of emergency are necessarily private rather than public decisions. Among other things, I argue that Why Law Matters defends a normative and not a semantic or a conceptual claim.
其他摘要:Why Law Matters defends the view that public institutions and legal procedures are not merely means to secure independently specifiable ends. They are constituent aspects of a just society, and the contribution they make to it is not contingent. I argue that various legal institutions and legal procedures, often perceived as contingent means to facilitate the realization of valuable ends, matter as such. This Article is a response to critiques of Why Law Matters . The critiques were devoted primarily to chapter three and chapter four of the book. Chapter three maintains that there are some goods—intrinsically public goods—that must be provided by the state. Chapter four discusses cases of emergency and argues that decisions in cases of emergency are necessarily private rather than public decisions. Among other things, I argue that Why Law Matters defends a normative and not a semantic or a conceptual claim.
关键词:Law; Legal Studies; Law and Society; Interdisciplinary Research; History; Philosophy; Literature; Rhetoric; Psychology; Cultural Studies; Sociology; Criminology; Economics; Politics; Government; Geography