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

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Abstract:

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.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9337.2009.00422.x

Publication date: June 1, 2009

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