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

26 Pages Posted: 19 May 2009

See all articles by Giovanni Sartor

Giovanni Sartor

European University Institute Law Department

Abstract

In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall consider how legality is transmitted from norm to norm and whether the ultimate legality policies (the rules of recognition) of a legal system need to be constituted by social facts.

Suggested Citation

Sartor, Giovanni, Legality Policies and Theories of Legality: From Bananas to Radbruch's Formula. Ratio Juris, Vol. 22, Issue 2, pp. 218-243, June 2009. Available at SSRN: https://ssrn.com/abstract=1404158 or http://dx.doi.org/10.1111/j.1467-9337.2009.00422.x

Giovanni Sartor (Contact Author)

European University Institute Law Department ( email )

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

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