Validity As Bindingness: The Normativity of Legality
Title: Validity As Bindingness: The Normativity of Legality
Author: SARTOR, Giovanni
Publisher: European University Institute
Series/Report no.: EUI LAW; 2006/18
I shall argue that the concept of (valid) law is a purely normative notion, irreducible to any factual description. This uncontroversial notion, which is shared by all approaching the law from the internal point of view, needs to be distinguished from the competing theories on the grounds of legal bindingness, namely, on the reasons for qualifying a norm as legally valid. I shall consider some implications of this distinction for legal reasoning and for the role of the jurist.
Type of Access: openAccess