Journal article
Criteria of validity
- Abstract:
- This article revisits the debate between inclusive and exclusive legal positivism, arguing that the question around which it is founded – about whether morality can function as a condition of legal validity – obscures a more basic and fundamental truth about the nature of law: that the norms composing a legal system's criteria of validity have a formal as opposed to substantive nature. Recognising this, I argue, helps to clarify some important aspects of the relationship between the ultimate norms of any legal system and its constitution. It also helps to explain away much of the debate between exclusive and inclusive positivism.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Version of record, pdf, 282.8KB, Terms of use)
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- Publisher copy:
- 10.1111/1468-2230.12938
Authors
- Publisher:
- Wiley
- Journal:
- Modern Law Review More from this journal
- Volume:
- 88
- Issue:
- 3
- Pages:
- 557-584
- Publication date:
- 2024-12-18
- Acceptance date:
- 2024-09-06
- DOI:
- EISSN:
-
1468-2230
- ISSN:
-
0026-7961
- Language:
-
English
- Pubs id:
-
2026252
- Local pid:
-
pubs:2026252
- Deposit date:
-
2024-09-09
- ARK identifier:
Terms of use
- Copyright holder:
- Thomas Adams
- Copyright date:
- 2024
- Rights statement:
- © 2024 The Author(s). The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.
- Licence:
- CC Attribution (CC BY)
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