The contingent relation between invalidity and unconstitutionality

.

Chapter 5 in Understanding the Nature of Law, 2015, pp 113-134 from Edward Elgar Publishing

Abstract: This chapter provides an illustration of how recognition of contingent relations constitutes a viable alternative and addition to identification of necessary features of law, by engaging in a substantive dispute in analytical jurisprudence. Specifically, this chapter defends a particular – and rather unpopular – descriptive-explanatory theory of law, exclusive legal positivism. The argument turns not on consideration of the authoritative nature of law – as almost all arguments for exclusive positivism do – but rather on identification of the contingent relation between unconstitutionality and invalidity. The account in this chapter also helps to set up the view discussed in subsequent chapters that the best conceptual explanation of some aspect of the social phenomenon of law may require revision to ordinary or folk understandings of that aspect.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2015
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/view/9781784718800.00013.xml (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:16589_5

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().