Validity as Bindingness: The Normativity of Legality

EUI Working Papers LAW No. 2006/18

35 Pages Posted: 25 Oct 2006

See all articles by Giovanni Sartor

Giovanni Sartor

European University Institute Law Department

Date Written: July 2006

Abstract

I shall argue that the concept of (valid) law is a purely normative notion, irreducible to any factual description. This uncontroversial notion, which is shared by all approaching the law from the internal point of view, needs to be distinguished from the competing theories on the grounds of legal bindingness, namely, on the reasons for qualifying a norm as legally valid. I shall consider some implications of this distinction for legal reasoning and for the role of the jurist.

Keywords: law

Suggested Citation

Sartor, Giovanni, Validity as Bindingness: The Normativity of Legality (July 2006). EUI Working Papers LAW No. 2006/18. Available at SSRN: https://ssrn.com/abstract=939778 or http://dx.doi.org/10.2139/ssrn.939778

Giovanni Sartor (Contact Author)

European University Institute Law Department ( email )

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

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