Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Positivist Foundation Of Validity

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The logical or epistemological foundation of validity is that which, without penetrating the world of values, remains in that of normativism or the "ought-to-be" even if the above mentioned recursivity finally pushes it towards making some incursions into the plane of being, of facts. The axiological or deontological foundation justified the law, so it might be affirmed that this logical foundation rather helps to identify it. It is necessary to distinguish between the basis of validity according to whether the object upon which it falls be an isolated legal norm or the legal system in its entirety. Together with state law, of a relatively centralized character, there exists a decentralized law, of a fundamentally common law form, applied by its own subjects. It is international law. The positivist theories consists theories of the basic norm and theories of sovereignty.

Keywords: deontological foundation; international law; legal system; positivist theory; sovereignty



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    A Three-Dimensional Theory of Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation