David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 16 (2):201 - 219 (1997)
We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere of validity. We also explore the consequences of a thesis which maintains that applicability restricts the concept of effectiveness, so that only applicable norms can be considered effective. Our analysis illustrates that a proper reconstruction of the concept of applicability is of great importance not only for understanding the concept of effectiveness but also for providing insight into the nature of law.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Social Sciences, general Political Science|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Torsten Wilholt (2006). Lost on the Way From Frege to Carnap: How the Philosophy of Science Forgot the Applicability Problem. Grazer Philosophische Studien 73 (1):69-82.
E. P. & J. J. (1997). Applicability and Effectiveness of Legal Norms. Law and Philosophy 16 (2):201-219.
U. Schmill (2000). The Dynamic Order of Norms, Empowerment and Related Concepts. Law and Philosophy 19 (2):283-310.
Hans Kelsen (1990). General Theory of Norms. Oxford University Press.
C. Heidemann (2000). The Creation of Normative Facts. Law and Philosophy 19 (2):263-281.
M. Baurmann (2000). Legal Authority as a Social Fact. Law and Philosophy 19 (2):247-262.
Sandy Berkovski (2002). Surprising User-Friendliness. Logique Et Analyse 45 (179-180):283-297.
Feng Ye (2010). The Applicability of Mathematics as a Scientific and a Logical Problem. Philosophia Mathematica 18 (2):144-165.
Michel Despland (1982). Norms and Models in Early Modern France and England. A Study in Comparative Ethics. Journal of Religious Ethics 10 (1):68 - 102.
L. Morawski (1999). Law, Fact and Legal Language. Law and Philosophy 18 (5):461-473.
Added to index2009-01-28
Total downloads23 ( #172,520 of 1,911,917 )
Recent downloads (6 months)1 ( #459,829 of 1,911,917 )
How can I increase my downloads?