Philosophy by BogdanovaThe Philosophy of the Artificial Era

RESEARCH DOSSIER

Legal Validity

Abstract. Legal validity is the status by which a norm is recognized as belonging to a particular legal order under its operative criteria. This monograph investigates the meaning and grounds of validity through classical distinctions between natural and positive justice, the medieval account of public law, sovereign-command jurisprudence, Kelsen's basic norm, Hart's rule of recognition, and contemporary disputes between legal positivism, natural-law theory, interpretivism, planning theory, and moral-impact theory. It reconstructs the separation between systemic validity, legal applicability, efficacy, legitimate authority, and moral obligation; examines constitutional hierarchy, competence, defective enactments, revolution, customary and international legal orders; and assesses the philosophical consequences of digital and machine-executable legal norms. The central synthesis treats legal validity as an institutionally generated and contestable status indexed to a norm, legal system, time, and criteria of recognition. It identifies how theories diverge over the determinants of legal content while preserving an independent inquiry into whether legally valid norms deserve obedience.

Keywords: legal validity; philosophy of law; jurisprudence; valid norms; legal positivism; natural law; rule of recognition; basic norm; constitutional validity; source criteria; legal authority; legal interpretation; legal systems; legal efficacy; legal pluralism; normative provenance.

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