Phenomenological Constitution of the Legal Norm and Identification of Law
Year: 2026
Type: article
Abstract: In legal theory, we can speak of normative validity in several senses. Here we will focus on the notion of validity as the identification of the legal norm. In trying to analyse the characteristics underlying the process of identification of law, the result will be the recovery of the phenomenological perspective in the form of the constitution of the norm in consciousness. From the point of view of the ideology of the sources, however, the present author will adopt a position of moderate legal positivism that reduces the substantive dimension of justice to the paradigm of argumentative correctness.
Source: East-West Studies
Author: Di Carlo, Leonardo
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7162527481
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