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
Date Written: September 1, 2007
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
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