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.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11571/1484475
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