Legal validity: An inferential analysis

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

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References found in this work

Leviathan.Thomas Hobbes - 1936 - Harmondsworth,: Penguin Books. Edited by C. B. Macpherson.
Principia ethica.George Edward Moore - 1903 - Mineola, N.Y.: Dover Publications. Edited by Thomas Baldwin.
The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.
The Concept of Law.Hla Hart - 1961 - Oxford, United Kingdom: Oxford University Press UK.

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