Chapter

Legal Validity<sup>*</sup>

Joseph Raz

in The authority of law

Published in print August 1979 | ISBN: 9780198253457
Published online March 2012 | e-ISBN: 9780191681400 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253457.003.0008
Legal Validity*

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For a rule to become a legal rule, it has to be legally valid. For a law to become a legal law, it has to be legally valid. Similarly, a valid rule is a rule and an invalid rule is not a rule. This chapter discusses the legal validity of rules. The first section explains the nature of legal validity and the validity of rules. The chapter also discusses systemic validity, wherein it is shown that the justification view of legal validity is compatible with the dependence on factual sources. It furthermore examines the other difficulties of the justification view found in the interpretation of detached legal systems, and includes a discussion of legal validity within the context of positivism.

Keywords: rule; legal rule; valid; valid rule; invalid rule; legal validity; systemic validity; justification view; legal systems; positivism

Chapter.  6013 words. 

Subjects: Jurisprudence and Philosophy of Law

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