For a rule to become a legal rule, it has to be legally valid. For a law to become a legal law, it has to be legally valid. Similarly, a valid rule is a rule and an invalid rule is not a rule. This chapter discusses the legal validity of rules. The first section explains the nature of legal validity and the validity of rules. The chapter also discusses systemic validity, wherein it is shown that the justification view of legal validity is compatible with the dependence on factual sources. It furthermore examines the other difficulties of the justification view found in the interpretation of detached legal systems, and includes a discussion of legal validity within the context of positivism.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.