On legal order

some criticism of the received view

Riccardo Guastini

pp. 263-272

in: Ethical Theory and Moral Practice 3 (3), 2000.

Abstract

The author discusses a number of topics related to the concept of "legal order" and the structure of legal orders. In particular, the following theses are challenged: (1) legal orders are sets of rules; (2) the criterion of membership to such sets is validity; (3) legal orders are dynamic sets; (4) legal orders are provided with a hierarchical configuration; (5) legal orders are coherent and consistent sets.