Legal Validity: An Inferential Analysis

Ratio Juris, Vol. 21, pp. 212-247

EUI Law Working Paper No. 2007/24

34 Pages Posted: 24 Oct 2007 Last revised: 24 Dec 2013

See all articles by Giovanni Sartor

Giovanni Sartor

European University Institute Law Department

Date Written: September 1, 2007

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.

Keywords: legal theory, norms, logics

Suggested Citation

Sartor, Giovanni, Legal Validity: An Inferential Analysis (September 1, 2007). Ratio Juris, Vol. 21, pp. 212-247; EUI Law Working Paper No. 2007/24. Available at SSRN: https://ssrn.com/abstract=1024106

Giovanni Sartor (Contact Author)

European University Institute Law Department ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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