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SSRN Electronic Journal
Article . 2006 . Peer-reviewed
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Validity as Bindingness: The Normativity of Legality

Authors: SARTOR, Giovanni;

Validity as Bindingness: The Normativity of Legality

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.

Country
Italy
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Keywords

Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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bronze