Legality Policies and Theories of Legality: From 'Bananas' to Radbruch's Formula

EUI Working Papers LAW No. 2008/27

24 Pages Posted: 17 Dec 2008 Last revised: 24 Dec 2013

See all articles by Giovanni Sartor

Giovanni Sartor

European University Institute Law Department

Date Written: October 1, 2008

Abstract

I shall argue that issue of legal validity or legality (I will use these two terms as synonymous) can be addressed by taking an inferential stand, namely, by considering under what preconditions (antecedents) the legality of a norm can be inferred, and what postconditions (consequences) can be inferred from a norm's legality. Consequently, I shall consider what form theory of legality can take, where by a theory of legality I mean a set of conditionals (legality policies) which, together with true facts, circumscribes the set of legal norms. In particular, I shall consider to what extent such conditionals need to be positivistic.

Suggested Citation

Sartor, Giovanni, Legality Policies and Theories of Legality: From 'Bananas' to Radbruch's Formula (October 1, 2008). EUI Working Papers LAW No. 2008/27. Available at SSRN: https://ssrn.com/abstract=1317261 or http://dx.doi.org/10.2139/ssrn.1317261

Giovanni Sartor (Contact Author)

European University Institute Law Department ( email )

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

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
144
Abstract Views
550
rank
212,579
PlumX Metrics