법적 효력
Legal Validity
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참고문헌
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초록
The following theses are explained and defended: ① A valid law is a law which has the normative consequences it purports to have, i.e. it succeeds in imposing the duties and conferring the rights it purports to impose and confer. ② A legally valid law which is valid because it belongs to a legal system. ③ Though most statements of legal rights and duties are simply statements of rights and duties people have because of the law, sine such statements are detached, that is they do not assert the existence of such rights or duties but only their existence from the legal point of view.
Abstract
The following theses are explained and defended: ① A valid law is a law which has the normative consequences it purports to have, i.e. it succeeds in imposing the duties and conferring the rights it purports to impose and confer. ② A legally valid law which is valid because it belongs to a legal system. ③ Though most statements of legal rights and duties are simply statements of rights and duties people have because of the law, sine such statements are detached, that is they do not assert the existence of such rights or duties but only their existence from the legal point of view.
참고문헌 (6)
- J. Raz, "Legal Validity", Archiv für Rechts-und Sozialphilosophie, 63(3), pp.339~353 (1977)
- H. L. A. Hart, "The Concept of Law" (1961)
- Joseph Raz, "Legal Principles and the Limits of Law", Yale Law Journal (1972)
- Joseph Ra, "Kelsen’s Doctrine of the Basic Norm", American Journal of Jurisprudence (1974)
- "The Pure Theory of Law, 2nd ed" (1967), Berkeley
- Joseph Raz, "Practical Reason and Norms" (1975)