Volume 14, Issue 2 (2010)                   CLR 2010, 14(2): 1-28 | Back to browse issues page

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Abdali M. The Analysis of the Concepts of Legal Validity and Legal Norms. CLR 2010; 14 (2) :1-28
URL: http://clr.modares.ac.ir/article-20-445-en.html
 Assistant Professor, Department of Low, Imam Khomeini International University, Qazvin, Iran
Abstract:   (10513 Views)
The nature of law is one of the most important questions of philosophy of law. In the contemporary legal theories, two approaches can be identified about the nature of law: 1) We need to understand the general conditions which would render any putative norm that is legally valid. Is it, for example, just a matter of the source of the norms, such as its enactment by a particular political institution, or is it also a matter of the norm`s content? This is the general question about the conditions of legal validity. 2) There is the interest in the normative aspect of law. This interest is twofold: a complete philosophical account of the normativity of law that comprises both its explanatory role and normative – justificatory task. The explanatory task consists of an attempt to explain how normatively of law can give rise to the reason for action and what kinds of reason are involved. The task of justification concerns the elucidation of the reason people ought to have for acknowledging the law`s normative aspect. In other words, it is the attempt to explain the moral legitimacy of law.
     

Received: 2009/09/12 | Accepted: 2010/06/21 | Published: 2010/06/22

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