Legal System and Practical Reason. On the Structure of a Normative Theory of Law* |
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| Authors: | JAN-REINARD SIECKMANN |
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| Affiliation: | Christian Albrechts University Faculty of Law Olshaiisenstrape 40 D-2300 Kiel 1 Germany |
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| Abstract: | Abstract
It will be argued, firstly, that there is a link between the legal validity of a norm and the rational justifiability of a requirement that judges should apply this norm, based on a normative conception of legal validity and the postulate that judges should act as rational persons; secondly, that rational justifiability of legal norms requires the construction of a legal system in a model of principles that differs from theories, e.g., of Kelsen, Hart, Dworkin and Alexy, which are not fully adequate for a normative conception of law. |
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