Ratio Juris 22 (2):218-243 (2009)

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.
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DOI 10.1111/j.1467-9337.2009.00422.x
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References found in this work BETA

The Concept of Law.Hla Hart - 1961 - Oxford University Press.
A Treatise of Human Nature.David Hume & A. D. Lindsay - 1958 - Philosophical Quarterly 8 (33):379-380.
The Concept of Law.Stuart M. Brown - 1963 - Philosophical Review 72 (2):250.

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Using Argument Schemes for Hypothetical Reasoning in Law.Trevor Bench-Capon & Henry Prakken - 2010 - Artificial Intelligence and Law 18 (2):153-174.

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