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"In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory."--Bloomsbury Publishing.

Effectiveness and validity of law. --- Law --- Philosophy.

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This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard oflegitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with refer

Cartels --- Effectiveness and validity of law

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Présentation de l'éditeur : "thèse pour le doctorat en droit de l'Université de Nantes présentée et soutenue publiquement le 28 avril 2016. Préface de Philippe Briand "

Effectiveness and validity of law --- Civil law --- Validity and effectiveness of law --- International law --- Jurisprudence

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Why do we need more questionnaires to measure aspects of spirituality/religiosity when we already have so many well-tried instruments in use? One answer is that research in this field is growing and that new research questions continuously do arise. Several of these new questions cannot be easily answered with the instruments designed for previous questions. The field is expanding and, consequently, the research topics. Meanwhile several multidimensional instruments were developed which cover existential, prosocial, religious and non-religious forms of spirituality, hope, peace and trust-and several more. The 'disadvantage' of these instruments is the fact that some are conceptually broad and often rather unspecific, but they might be suited quite well for culturally and spiritually diverse populations when the intention is to compare such diverse groups. This is the reason why more research on new instruments is needed as can be found in this Special Issue, and to stimulate a critical debate about their pros and cons.

Religion and science. --- Examinations --- Validity. --- Test results --- Test validity --- Validity of examinations --- Christianity and science --- Geology --- Geology and religion --- Science --- Science and religion --- Interpretation --- Religious aspects

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This book is intended for anyone who is seriously interested in designing and validating multiple-choice test items that measure understanding and the application of knowledge and skills to complex situations, such as critical thinking and problem solving. The most comprehensive and authoritative book in its field, this edition has been extensively revised to include: *more information about writing items that match content standards; *more information about creating item pools and item banking; *a new set of item-writing rules (with examples) in chapter 5, as well as guidelines fo

Multiple-choice examinations --- Examinations --- Design and construction. --- Validity.