Carpentier on Validity & Applicability

Mathieu Carpentier (Universite de Toulouse 1 Capitole) has posted Validity Versus Applicability: A (Small) Dose of Scepticism (Diritto & Questioni pubbliche, 18/1, 2018) on SSRN.  Here is the abstract: Analytical jurisprudence has grown fond of a distinction between the notion of validity – understood as the membership of a norm within a given legal system – and that of applicability. A norm’s membership within a legal system is neither a sufficient nor a necessary condition of its applicability in that system. This article takes issue with the non-sufficiency component of this distinction, and raises some doubts about it. During the latency period in which a legal norm is valid but not yet applicable, or not applicable anymore, it is difficult to ascertain what, in fact, does belong to the legal system: how can a non-applicable norm be a “norm” in the first place and give its addressees any reason for action? There is indeed a…

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