AXIO-SYSTEMIC VALIDITY: POSITIVISM WITH REASON

Authors : Yahya Berkol GÜLGEÇ

Pages : 517-569

Doi:10.33717/deuhfd.899912

View : 18 | Download : 7

Publication Date : 2021-05-24

Article Type : Research Paper

Abstract :Systemic validity is generally in conformity with the understanding of validity adopted by legal officials. On the other hand, it suffers from an inability to account for why an enactment in conformity with the systemic criteria constitutes a norm. Axio-systemic validity aims to compensate this deficiency by introducing a hybrid understanding of validity. While the systemic component continues the descriptive and explanatory advantages, the minimum axiological element guarantees that the enactments possess the character of norms. While axio-systemic validity violates the social fact and sources theses, it is compatible with the separability thesis. Therefore, it can be conceived of as a positivist understanding of validity
Keywords : Systemic validity, Axiological validity, Legal positivism, Reason for action, Separability thesis