David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 19 (5):585-625 (2000)
The paper argues for viewing legal validity as a doxastic obligation, i.e. as the obligation to accept a rule in legal reasoning. This notion of legal validity is shown to be both sufficient for the laywers' needs and neutral in regard to various theories of the grounds of validity, i.e. theories intended to identify what rules are legally valid, by proposing different grounds for attributing validity. All of these theories, rather then being alternative definitions of validity, presuppose the notion here provided.This notion is purely normative, but it allows for the construction of theories of the grounds of validity which give due importance to social expectations and institutions. As an example of how this may happen, one such theory is also provided. This theory, which is presented through a detailed example of a judicial debate, is based upon the recognition of the (instrumental) value of co-ordination, as the necessary way to achieve the most valuable purposes of the law.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|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
Giovanni Sartor (2008). Legal Validity: An Inferential Analysis. Ratio Juris 21 (2):212-247.
Similar books and articles
Adriano C. T. Rodrigues & Claudio E. M. Banzato (2009). A Logical-Pragmatic Perspective on Validity. Dialogues in Philosophy, Mental and Neuro Sciences 2 (2):40-44.
Wojciech Sadurski (1984). Social Justice and Legal Justice. Law and Philosophy 3 (3):329 - 354.
Sinan Dogramaci (2010). Knowledge of Validity. Noûs 44 (3):403-432.
Dick W. P. Ruiter (1997). Legal Validity Qua Specific Mode of Existence. Law and Philosophy 16 (5):479 - 505.
P. W. (1997). Legal Validity Qua Specific Mode of Existence. Law and Philosophy 16 (5):479-505.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Dick W. P. Ruiter (1998). Structuring Legal Institutions. Law and Philosophy 17 (3):215 - 232.
P. W. (1998). Structuring Legal Institutions. Law and Philosophy 17 (3):215-232.
Added to index2009-01-28
Total downloads14 ( #312,903 of 1,924,713 )
Recent downloads (6 months)1 ( #417,761 of 1,924,713 )
How can I increase my downloads?