Central and East European
Society for Phenomenology

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The postpositivist concept of the validity of statutory law

Andrzej Grabowski

pp. 359-453

Abstract

This chapter presents a new ("postpositivist") juristic conception of the validity of statutory law. In order to construct this concept, we adapt Peter Strawson's model of conceptual analysis, based on the analysis of connections between concepts. The construction of the postpositivist concept of the validity of statutory law is preceded by the linguistic and logical analysis of the utterances concerning the validity of norms, formulated in the juristic language and based on Svein Eng's theory of the "fused modality" of juristic expressions de lege lata. Then, following Strawson's methodological guidelines, we identify the concepts that form the system of concepts related to the concept of the validity of statutory law. These are the semantic concept of legal norm (developed in the Poznań school of legal theory), the concept of legal situation, the pragmatic concept of legal norm and the conceptual distinction between Tun-Sollen/Dürfen and Sein-Sollen/Dürfen norms. The clarificative analysis results in a regulative definition that expresses the postpositivist conception of legal validity by means of the absence of legal options for refusing the fulfilment (implementation) of the statutory norm.

Publication details

Published in:

Grabowski Andrzej (2013) Juristic concept of the validity of statutory law: a critique of contemporary legal nonpositivism. Dordrecht, Springer.

Pages: 359-453

DOI: 10.1007/978-3-642-27688-0_8

Full citation:

Grabowski Andrzej (2013) The postpositivist concept of the validity of statutory law, In: Juristic concept of the validity of statutory law, Dordrecht, Springer, 359–453.