Validity As Bindingness: The Normativity of Legality
AbstractI shall argue that the concept of (valid) law is a purely normative notion, irreducible to any factual description. This uncontroversial notion, which is shared by all approaching the law from the internal point of view, needs to be distinguished from the competing theories on the grounds of legal bindingness, namely, on the reasons for qualifying a norm as legally valid. I shall consider some implications of this distinction for legal reasoning and for the role of the jurist.
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Bibliographic InfoPaper provided by European University Institute (EUI), Department of Law in its series EUI-LAW Working Papers with number 18.
Date of creation: 01 Jul 2006
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- NEP-ALL-2006-11-18 (All new papers)
- NEP-HPE-2006-11-18 (History & Philosophy of Economics)
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