Legality Policies and Theories of Legality: From Bananas to Radbruch’s Formula
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0952-1917; 1467-9337 (online)
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Ratio Juris, 2009, 22, 2, 218-243
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SARTOR, Giovanni, Legality Policies and Theories of Legality: From Bananas to Radbruch’s Formula, Ratio Juris, 2009, 22, 2, 218-243 - https://hdl.handle.net/1814/15982
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.