Legal validity: An inferential analysis

Ratio Juris 21 (2):212-247 (2008)
  Copy   BIBTEX

Abstract

. I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,386

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Analytics

Added to PP
2009-01-28

Downloads
49 (#318,154)

6 months
11 (#225,837)

Historical graph of downloads
How can I increase my downloads?

References found in this work

Leviathan.Thomas Hobbes - 1651 - Harmondsworth,: Penguin Books. Edited by C. B. Macpherson.
Principia ethica.George Edward Moore - 1903 - Mineola, N.Y.: Dover Publications. Edited by Thomas Baldwin.
The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.

View all 25 references / Add more references