I will argue that the concept of (valid) law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain (alternative sets of) 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.
Legal Validity: An Inferential Analysis / G. SARTOR. - In: RATIO JURIS. - ISSN 0952-1917. - STAMPA. - 21:(2008), pp. 212-247.
Legal Validity: An Inferential Analysis
SARTOR, GIOVANNI
2008
Abstract
I will argue that the concept of (valid) law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain (alternative sets of) 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.File in questo prodotto:
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