The paper concerns the following two questions: (i) is the general exclusive norm a proper legal norm? (ii) if the general exclusive norm is a proper legal norm, is it universally valid? It will be held that the general exclusive norm is a proper legal norm and not a logical principle. Therefore, as a legal norm, the general exclusive norm can be said to be valid or invalid. The answer to the second question will be negative: the general exclusive norm, as a proper legal norm, is valid only in those legal systems in which it is positively established.
On the Deontic Validity of the General Exclusive Norm
Colloca Stefano
2023-01-01
Abstract
The paper concerns the following two questions: (i) is the general exclusive norm a proper legal norm? (ii) if the general exclusive norm is a proper legal norm, is it universally valid? It will be held that the general exclusive norm is a proper legal norm and not a logical principle. Therefore, as a legal norm, the general exclusive norm can be said to be valid or invalid. The answer to the second question will be negative: the general exclusive norm, as a proper legal norm, is valid only in those legal systems in which it is positively established.File in questo prodotto:
Non ci sono file associati a questo prodotto.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.