Law and Philosophy 16 (5):479 - 505 (1997)
The author investigates how the conception of legal validity as a specific mode of existence, adopted by Kelsen in Allgemeine Theorie der Normen (General Theory of Norms), can be reconciled with a conception of the legal system in which conflicts of legal norms remain of logical concern. To this end he makes use of Ludwig Wittgenstein's picture theory of the proposition as set out in the Tractatus Logico-Philosophicus. The conclusion is that in order to reconcile the two conceptions, the legal system itself must be conceived of as consisting of three sub-systems, namely, (i) a sub-system of perceptible legal judgments, (ii) a sub-system of valid legal conditions, and (iii) a sub-system of observable social practices.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
On Legal Order: Some Criticism of the Received View. [REVIEW]Riccardo Guastini - 2000 - Ethical Theory and Moral Practice 3 (3):263-272.
The Concept of a Legal System: An Introduction to the Theory of Legal System.Joseph Raz - 1980 - Oxford University Press.
Added to index2009-01-28
Total downloads19 ( #261,552 of 2,177,986 )
Recent downloads (6 months)2 ( #166,486 of 2,177,986 )
How can I increase my downloads?