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  1. Unlocking Legal Validity: Some Remarks on the Artificial Ontology of Law.Paolo Sandro - 2018 - In Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.), Legal Validity and Soft Law. Cham: Springer Verlag.
    Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...)
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  • New foundations for imperative logic I: Logical connectives, consistency, and quantifiers.Peter B. M. Vranas - 2008 - Noûs 42 (4):529-572.
    Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...)
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  • An Antimony in Kelsen's Pure Theory of Law.Eugenio Bulygin - 1990 - Ratio Juris 3 (1):29-45.
    Some important ideas in Kelsen's Pure Theory of Law can be traced back to Kantian tradition, which has been very influential in Kelsen's thought, particularly in his early period. Among them we find the distinction between two radically different worlds (the world of facts and the world of norms), the normativity of legal science and the idea of validity as a binding force, based on the famous doctrine of the basic norm. These tenets and, especially, the use of a normative (...)
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  • Lexisnexis™ academic.Jeffrey Brand-Ballard - manuscript
    Legal theorists in this century have often perceived a need for a theory capable of occupying a stable middle ground between natural law theory and nineteenth-century legal positivism. The prolific German-American legal philosopher, Hans Kelsen, was perhaps not the first to feel the need for such a theory, but he was certainly among the first to attempt to construct one. n1 Although Kelsen's own efforts failed, in many ways they defined the ambitions of twentieth-century legal theory and inspired others to (...)
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  • An Inquiry into a Normative Concept of Legal Efficacy.Andre Santos Campos - 2016 - Ratio Juris 29 (4):460-477.
    This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis-à-vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on (...)
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  • (1 other version)Legal validity as doxastic obligation: From definition to normativity. [REVIEW]Giovanni Sartor - 2000 - Law and Philosophy 19 (5):585-625.
    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 (...)
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  • Two Guides to the Thought of the German Jurists.Stanley L. Paulson - 1991 - Ratio Juris 4 (2):253-260.
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