The Tigerish Nature of Legal Normativity

Revus [Online], in print | 2018

8 Pages Posted: 18 Jun 2019

See all articles by Andrew Halpin

Andrew Halpin

National University of Singapore (NUS) - Faculty of Law

Date Written: 2018

Abstract

This response to Brian Bix’s recent article on legal normativity considers the potential benefits of Bix’s approach in the light of contemporary debate upon the subject but argues for an alternative approach that focuses on the finding of legal normativity within a specific system of law and recognizes a normativity for those subject to that law whether they are well disposed to it or not. Three different ways in which a quality of normativity might be found for a legal provision concerning the conduct of a person are distinguished, so offering a richer and more illuminating analysis of the individual subject’s attitude or choice towards legal normativity. However, it is claimed that the overall picture advanced here supports a simple view of legal normativity, avoiding entanglement with moral controversies and complex theoretical speculations.

Keywords: Bix, legal normativity, law and morality, moral obligation to obey law, legal officials, legal subjects, rule of recognition, Grundnorm

Suggested Citation

Halpin, Andrew, The Tigerish Nature of Legal Normativity (2018). Revus [Online], in print | 2018. Available at SSRN: https://ssrn.com/abstract=3401309

Andrew Halpin (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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