TY - BOOK ID - 48160744 TI - A short history of legal validity and invalidity. : Foundations of private and public law. PY - 2019 SN - 9781780688152 1780688156 9781780689203 1780689209 PB - Mortsel Intersentia DB - UniCat KW - History of the law KW - Legal theory and methods. Philosophy of law KW - Droit public KW - Droit privé KW - Histoire KW - Histoire. KW - Effectiveness and validity of law. KW - Rule of law KW - Règle de droit KW - Law KW - Droit KW - Effectivité et validité du droit KW - Interpretation and construction KW - Interprétation UR - https://www.unicat.be/uniCat?func=search&query=sysid:48160744 AB - 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. 0Understanding 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. ER -