Alexy Robert. The Argument from Injustice: A Reply to Legal Positivism. Oxford University Press,2010. — 159 p.. 2010
The central problem in the debate surrounding the concept of law is the relationship of law and morality. Notwithstanding a discussion that reaches back more than two millennia.[1] there remain two basic, competing positions the positivistic and the non-positivistic.
The Problem of Legal Positivis
II The Concept of La
Ill The Validity of La
1. Concepts of Validity
Corresponding to the three elements of the concept of law the elements of social efficacy, correctness of content, and authoritative issuance—are three concepts of validity: the sociological, the ethical, and the juridical.
2. Collisions of Validity
Extreme cases enable one to see what is scarcely visible in ordinary situations. For concepts of validity, the extreme cases are collisions of validity. The collision of legal and social validity will be our first concern.
Basic Norm
Books and textbooks on the discipline Theory of law:
- Askey Simon, McLeod Ian. Studying Law. Macmillan Education,2014. — 239 p. - 2014 ãîä
- Anderson Matthew (ed.). Toward a Critique of Guilt: Perspectives from Law and the Humanities. JAI Press,2005. — 168 p. - 2005 ãîä
- Allan James. A Sceptical Theory of Morality and Law. Peter Lang,1998. — 277 p. - 1998 ãîä
- Atienza Manuel, Manero Juan Ruiz. A Theory of Legal Sentences. Springer Netherlands,1998. — 205 p. - 1998 ãîä