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Positivist Foundation Of Validity

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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

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