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This book presents the theory of the validity of legal norms, aimed
at the practice of law, in particular the jurisdiction of the
constitutional courts. The postpositivist concept of the validity
of statutory law, grounded on a critical analysis of the basic
theories of legal validity elaborated up to now, is introduced. In
the first part of the book a contemporary German nonpositivist
conception of law developed by Ralf Dreier and Robert Alexy is
analysed in order to answer the question whether the juristic
concept of legal validity should include moral standards or
criteria. In the second part, a postpositivist concept of legal
validity and an innovative model of validity discourse, based on
the juristic presumption of the validity of legal norms, are
proposed. The book is a work on analytical legal theory, written
from a postpositivist, detached point of view.
This book presents the theory of the validity of legal norms, aimed
at the practice of law, in particular the jurisdiction of the
constitutional courts. The postpositivist concept of the validity
of statutory law, grounded on a critical analysis of the basic
theories of legal validity elaborated up to now, is introduced. In
the first part of the book a contemporary German nonpositivist
conception of law developed by Ralf Dreier and Robert Alexy is
analysed in order to answer the question whether the juristic
concept of legal validity should include moral standards or
criteria. In the second part, a postpositivist concept of legal
validity and an innovative model of validity discourse, based on
the juristic presumption of the validity of legal norms, are
proposed. The book is a work on analytical legal theory, written
from a postpositivist, detached point of view.
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Nadine Gordimer
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Loot
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Paperback
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R330
Discovery Miles 3 300
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