Law is a powerful force in human civilization. The growth and stability in society are generally linked with the gradual development of a system of legal rules, in addition to the instruments for their regular and effective enforcement. Law can be used to protect or harm the interest of man. This dimension raises the issue of the ‘validity of law’. The legal positivists posit that law is a ‘moral-neutral’ entity, and once it is enacted by the appropriate authority, it (...) cannot be adjudged immoral or unjust, by any standard outside the province of the law in question. The valid law for the legal positivists is law as enacted by the appropriate authority within agiven legal system. The Naturalists think otherwise. Cicero for instance believes that the validity of law is rooted on right reason in agreement with nature. In this paper I am more persuaded by the arguments of the Naturalists. I however present liberally the standpoints of the two opposing schools of thought – The naturalists and the positivists, with emphasis on the works of John Kelsen, Justice Homles, Cicero and Aquinas. (shrink)

Philosophy, political philosophy and legal philosophy are all concerned with issues of justice and the validity of law (also known as the force of law ). These two problem areas are discussed against the background of the intersection of traditional theories of natural law and legal positivism, mediated by the contribution of the historical school. In addition the influence of the two neo-Kantian schools of thought (Baden and Marburg) required attention, particularly because certain elements in the thought of Derrida, (...) Dooyeweerd and Habermas are (implicitly) influenced by these schools. Derrida positions the problem of justice within the context of distinguishing universality and singularity (what is unique) and he alludes to the difficulty of bridging the gap between the two. It turned out that modern nominalism had an important effect on all three of the mentioned thinkers, in spite of their willingness to recognize “extra-mental” forms of universality. The problem of legal validity (the “force of law”) appears to be an instance of the interconnectedness between different aspects of reality, namely the jural and the physical . In order to account for this coherence Dooyeweerd developed a theory in which both the uniqueness and coherence between different aspects are explained in terms of inter-modal analogies. On this basis the difference between law and justice is specified by distinguishing between constitutive legal principles and the regulatively deepened (disclosed) principles of legal morality (such as f ault, equity, bona fides and so on). It will be shown that the idea of positivization , shared by thinkers coming from different backgrounds, is an important ingredient of an understanding of the nature of legal validity . Explaining it will require a focus on the nature of state law, of the power of the state, and of the legal competence entailed in the office of government. (shrink)

The aim of this paper is to determine how a Pyrrhonian considers the Law and can respond to Aristocles’ objection that a Pyrrhonian is unable to obey laws. First, we analyze the function of the Law in the 10th Mode of Aenesidemus, in order to show laws as a dogmatic source of value. But Sextus shows also that the Sceptic can live in a human society by following laws and customs, according to so-called ‘sceptical conformism’. In the light of Pyrrhonian (...) Hypotyposes 1.23–24 and Against the Mathematicians 11.162–164, I discuss the validity of the label ‘conformism’ in order to understand the nature of the political effect of the suspension of judgement. The real nature of the political position of Pyrrhonian Scepticism – that lack of commitment does not mean indifference to politics but rather a criticism of fanaticism and praise for political cautiousness – appears by comparison with the Scepticism of the New Academy. (shrink)

Legal reasoning settles morally pressing matters through a technique that largely bypasses open-ended moral argument. That technique makes central what certain persons validly decided in the past, for example in creating statutes, judicial resolutions, contracts, or wills. Identifying valid decisions is a lawyerly skill and, echoing legal practice, legal philosophy has paid considerable attention to validity criteria. But it has neglected to explore validity's point: whether, and if so exactly how, the special technique of validity contributes to (...) a legal system's ability to realise justice and human rights. Even the most sensible defences of the moral need for positive law have insufficiently probed this key step in the argument. This book lays bare the workings of legal validity, and shows why, and within what general limits, this technique equips legal systems with privileged tools to foster human well-being. In so doing, the book explains how power-conferring norms setting out validity criteria endow agents' intentions with 'performative' effect ('I hereby.') and can secure the requirement of justice that there be widespread convergence on specific patterns of conduct shaped through a cooperative effort. Legal meaning is accordingly systemic, resulting from the valid acts of multiple agents whose decisions can, by virtue of exercising legal power, also exercise moral power (authority). In short, the book articulates why it is morally necessary that validity does not primarily turn on moral considerations. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

In this book the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive).

Legal theory usually distinguishes only two kinds of legal realism: the American and the Scandinavian. Another school of this theoretical perspective is German legal realism, which refers to scholars like Ihering, Weber, and Schelsky. According to German legal realism, the author outlines what legal theory can do to persuade modern jurisprudence to face the social reality of law, conceived as institutionalized normative communication. The latter always occurs with reference to already valid and effectively operative legal norms which are used in (...) an established, normatively binding legal practice in a given regional society. (shrink)

This book presents an answer to the question of why modern legal institutions and the idea of citizenship are important for leading a free life. The majority of views in political and legal philosophy regard the law merely as a useful instrument, employed to render our lives more secure and to enable us to engage in cooperate activities more efficiently. The view developed here defends a non-instrumentalist alternative of why the law matters. It identifies the law as a constitutive feature (...) of our identities as citizens of modern states. The constitutivist argument rests on the (Kantian) assumption that a person's practical identity (its normative self-conception as an agent) is the result of its actions. The law co-constitutes these identities because it maintains the external conditions that are necessary for the actions performed under its authority. Modern legal institutions provide these external prerequisites for achieving a high degree of individual self-constitution and freedom. Only public principles can establish our status as individuals who pursue their life plans and actions as a matter of right and not because others contingently happen to let us do so. The book thereby provides resources for a reply to anarchist challenges to the necessity of legal ordering. (shrink)

Papers presented at the IVR 11th World Congress, Helsinki, 1983.

Explains the concept of legal competence (or power). This book then discusses the analysis and definition of legal concepts in general; the relation between the concept of competence and (in)validity; what it means to exercise competence; different types of competence; and competence norms.

Legality, interdisciplinarity and the study of practice -- Re-thinkinking interdisciplinarity by re-reading hume -- Tainted love : the struggle over legality in international relations and international law -- The power of legality, legitimacy and the (im)possibility of interdisciplinary research -- Moving while standing still : law, politics and hard cases -- International law, Kelsen and the aberrant revolution : excavating the politics and practices of revolutionary legality in Rhodesia and beyond -- Juris dicere : custom as a matrix, custom as (...) a norm, and the role of judges and (their) ideology in custom making -- Multiple legalities and international criminal tribunals : juridical versus political legality -- Palestine's quest for statehood and the practice of the United Nations -- Regulatory legality : extraterritorial rule across domestic and international arenas -- Legality and lawfare in regime implementation -- Whose legality? Rule of law missions and the case of Kosovo -- Perspectives on the perils, promise, politics - and practice of interdisciplinarity. (shrink)

The goal of this study was to construct a valid new instrument to measure the effect of moral intensity on managers' propensity to manage earnings. More specifically, this study is a pilot study of the impact of moral intensity on financial accountants' propensity to manage earnings. The instrument, once validated, will be used in a full-study of managers in the hotel industry. Different ethical scenarios were presented to respondents in the survey; each ethical scenario was designed in both high or (...) low moral intensity form, to reflect the importance of the moral dilemma at hand. The results were analysed by factor analysis. The findings of this study have positively validated the instrument, with three of the five moral intensity components identified as having appropriate eigenvalues. This indicates that they have a significant influence in the study. The first factor captures the social consensus dimension and one scenario of the proximity dimension. The second factor indicates an interaction between the temporal immediacy and the magnitude of consequences dimension. The third dimension is probability of effect and one scenario of the proximity dimension. In addition, t-tests indicated that the manipulation of high and low conditions within each scenario were also successful. One limitation of the study might be the use of undergraduate accounting students as manager proxies, although prior evidence suggests use of accounting students as proxies is a valid approach in this type of study. This is a highly novel project as most prior studies have focussed on moral intensity and the general ethical decision-making process. (shrink)

This paper presents an effort to induce a Bayesian belief network (BBN) from crime data, namely the national crime victimization survey (NCVS). This BBN defines a joint probability distribution over a set of variables that were employed to record a set of crime incidents, with particular focus on characteristics of the victim. The goals are to generate a BBN to capture how characteristics of crime incidents are related to one another, and to make this information available to domain specialists. The (...) novelty associated with the study reported in this paper lies in the use of a Bayesian network to represent a complex data set to non-experts in a way that facilitates automated analysis. Validation of the BBN’s ability to approximate the joint probability distribution over the set of variables entailed in the NCVS data set is accomplished through a variety of sources including mathematical techniques and human experts for appropriate triangulation. Validation results indicate that the BBN induced from the NCVS data set is a good joint probability model for the set of attributes in the domain, and accordingly can serve as an effective query tool. (shrink)

We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere (...) of validity. We also explore the consequences of a thesis which maintains that applicability restricts the concept of effectiveness, so that only applicable norms can be considered effective. Our analysis illustrates that a proper reconstruction of the concept of applicability is of great importance not only for understanding the concept of effectiveness but also for providing insight into the nature of law. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a "form" that, when applied to different legal themes, would add a "material content" to the three-dimensional theory. We can point out, as a study plan, the distinction between "three" perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes (...) the "three" phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the "three" characteristics of the legal order: Fullness, coherence, and unity --- the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness. (shrink)

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (shrink)

BackgroundA different ethos with respect to the perception of medical ethics prevails in societies in transition such as those in the Arabian Peninsula, which makes it difficult to apply international principles of bioethics in medical practice. This study aimed to develop and psychometrically test an instrument that measures physicians’ awareness of bioethics and medical law and their attitudes towards the practice of medical ethics. Additionally, it examined physician correlates influencing the awareness of bioethics.MethodsFollowing a rigorous review of relevant literature by (...) a panel of experts, a 13-item instrument, the Omani physicians’ bioethics and medical law awareness (OBMLA) questionnaire was developed with the aim of assessing physicians’ awareness of bioethics and medical law. The study tool’s construct validity and internal consistency reliability were examined by exploratory factor analysis (EFA) and Cronbach’s alpha. In a cross-sectional study, the questionnaire was distributed among a random sample of 200 physicians at a tertiary hospital in Muscat, Oman. Participant characteristics that may influence awareness of bioethics and medical law were explored.ResultsThe EFA of the OBMLA questionnaire resulted in three well-loading factors: (1) Physicians’ bioethics practice subscale (2) incentive related bioethics subscale and (3) medical law awareness subscale. Internal consistency reliability ranged between Cronbach’s α: 0.73–0.8. Of the total 200 participants, 52% reported that teaching medical ethics during medical school was inadequate. The overall mean (standard deviation, SD) of the bioethics awareness score and Omani medical law awareness were 27.6 (3.5) and 10.1 (2.1) respectively. The majority of physicians (73%) reported that they frequently encountered ethical dilemmas in their practice and 24.5% endorsed the view that unethical decisions tended to occur in their practice.ConclusionThe study provides an insight into the practice of bioethics, and the awareness of bioethics and medical law among physicians in a teaching hospital in Oman. The OBMLA questionnaire appears to be a valid and reliable tool to assess a physician’s awareness of bioethics and medical law. In this preliminary study, it appears that participants have suboptimal scores on the indices which measure practice and awareness of bioethics and medical law. (shrink)

The study is based on validating and exploring the effects of a mega project plan on infrastructure development and Sustainable Project Management. The CPEC has great importance to infrastructure development and economy-boosting. The current study's primary aim is to deal with environmental protection, economic boost up, international relations influencing to the Project's success. The paper also addressed project management as a moderator between environmental protection, economic boost up, international relations, and the CPEC project's success. The primary data has been gathered (...) by using questionnaires, and PLS-SEM has been employed for the analysis. The results revealed that environmental protection, economy boost up, and international relations have a positive association with the success of CPEC. The outcomes also exposed that project management moderating among the nexus of economy boosts up the international relations and success of CPEC. The present study results guided how Pakistan and China make the CPEC project stronger with the efficient implementation of practices required for protecting the environment, with the economic growth and boost up, and good strong relations with foreign countries. This study was an attempt to validate the different factors to check their association with each other in a new environment, resulting in a leading edge for the success of mega projects that influence project management. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

We analyse the relationship between applicability and effectiveness of legal norms from a philosophical perspective. In particular, we distinguish between two concepts of applicability. The external applicability of norms refers to institutional duties; a norm N is externally applicable if and only if a judge is legally obliged to apply N to some case c. Internal applicability refers instead to the sphere of validity of legal norms. A norm N is internally applicable to actions regulated by its sphere (...) of validity. We also explore the consequences of a thesis which maintains that applicability restricts the concept of effectiveness, so that only applicable norms can be considered effective. Our analysis illustrates that a proper reconstruction of the concept of applicability is of great importance not only for understanding the concept of effectiveness but also for providing insight into the nature of law. (shrink)

Purpose: This study aimed to develop a stroke effectiveness test in table tennis based on the temporal game structure to assess the ball speed and ball placement of the players, with a purpose to analyze its reproducibility and validity. Methods: Nineteen male table tennis players participated in this study. The test was performed twice during the first session and once during the second session to assess the intrasession and intersession reproducibility, respectively. Moreover, the test was examined on its (...) ability to discriminate between regional and local performance-level players and on the relationship between the test results and the table tennis performance to assess the discriminant and concurrent validity, respectively. In general, the test consisted of 11 simulated rallies of 2–5 balls with the effort and rest ratio of 0.5, and focused on attack with offensive strokes at defensive balls delivered by a robot randomly between the left and right positions on the table. Results: Ball speed, ball placement, and ball speed-ball placement index showed satisfactory reliability and agreement outcomes. Additionally, the Bland-Altman plots show the systematic error of the analyses closer to 0, and that most values were within the limits of agreements. Concerning validity analyses, regional players had higher scores of ball placement and ball speed-ball placement index as well as made fewer errors than local players. Moreover, ball placement, ball speed-ball placement index, and percentage error presented a strong and significant correlation with table tennis performance. However, ball speed was slightly different between the regional than local players and this variable was not related to table tennis performance. Conclusion: Our findings show evidences that the test is reproducible. Moreover, discriminant and concurrent validity are confirmed for ball placement and ball speed-ball placement index. (shrink)

Introduction -- From natural philosophy to theories of method -- Explanations, laws, and theories -- Change and the effect on scientific realism -- Science, society, and values -- Conclusion -- Glossary.

PurposeWhite matter damage (WMD) was defined as the appearance of rough and uneven echo enhancement in the white matter around the ventricle. The aim of this study was to develop and validate a risk prediction model for neonatal WMD.Materials and MethodsWe collected data for 1,733 infants hospitalized at the Department of Neonatology at The First Affiliated Hospital of Zhengzhou University from 2017 to 2020. Infants were randomly assigned to training (n= 1,216) or validation (n= 517) cohorts at a ratio of (...) 7:3. Multivariate logistic regression and least absolute shrinkage and selection operator (LASSO) regression analyses were used to establish a risk prediction model and web-based risk calculator based on the training cohort data. The predictive accuracy of the model was verified in the validation cohort.ResultsWe identified four variables as independent risk factors for brain WMD in neonates by multivariate logistic regression and LASSO analysis, including gestational age, fetal distress, prelabor rupture of membranes, and use of corticosteroids. These were used to establish a risk prediction nomogram and web-based calculator (https://caowenjun.shinyapps.io/dynnomapp/). The C-index of the training and validation sets was 0.898 (95% confidence interval: 0.8745–0.9215) and 0.887 (95% confidence interval: 0.8478–0.9262), respectively. Decision tree analysis showed that the model was highly effective in the threshold range of 1–61%. The sensitivity and specificity of the model were 82.5 and 81.7%, respectively, and the cutoff value was 0.099.ConclusionThis is the first study describing the use of a nomogram and web-based calculator to predict the risk of WMD in neonates. The web-based calculator increases the applicability of the predictive model and is a convenient tool for doctors at primary hospitals and outpatient clinics, family doctors, and even parents to identify high-risk births early on and implementing appropriate interventions while avoiding excessive treatment of low-risk patients. (shrink)

Ulrich Beck characterized the transition from modern to late modern society as a shift from an industrial to a “risk society.” Contemporary society is challenged by negative side effects of modernization, including the increasing and imminent threat of global climate change. This article will test the validity of conceivable prescriptive elements associated with this sociological theory. In doing so, it will focus on the most recent legal developments aimed at tackling climate change within the EU. This paper finds that (...) the precautionary approach is unable to sufficiently shape balanced legal intervention in this day and age. However, the approach adopted by the EU appears to be more successful in this respect. (shrink)

Introduction -- Coercion, rational self-interest, and obligation -- The authority of law -- Political obligation -- Contractarianism -- The Hobbesian analysis of contracts under coercion : a critique -- Final remarks.

This study developed a measure of autonomy for adolescents in contemporary China. First, data from 44 interviewees—40 secondary school students, 2 parents, and 2 secondary school teachers—were used to explore the connotation and theoretical structure of autonomy in adolescents in China. Next, a preliminary Adolescent Autonomy Questionnaire was created from the interview data and administered to 775 secondary school students. Exploratory factor analysis and confirmatory factor analysis were conducted to verify the factor structure. Finally, 614 secondary school students completed the (...) Adolescent Autonomy Questionnaire, Personal Growth Initiative Scale-II, and Adolescence Ego Identity Crisis Scale to evaluate criterion validity. The final version of the Adolescent Autonomy Questionnaire included 16 items and four subscales: autonomous decision-making, autonomous regulation, autonomous protection, and autonomous problem-solving. The total variance of the cumulative interpretation questionnaire was 62.54%. The CFA results showed that the four-factor model fits the data well: χ2/df = 2.340, CFI = 0.949, RMSEA = 0.042, SRMR = 0.046. Evaluation of the psychometric properties of the Adolescent Autonomy Questionnaire provided support for the reliability and validity of the measure. Thus, it serves as an effective measurement tool for assessing the autonomy of adolescents in China. (shrink)

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (shrink)

This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' (...) which is in fact rather 'state ethics', nor as 'public ethics' which is said to reach its perfection when it becomes law, nor as ethics applicable primarily to the basic structure of a society (political liberalism), but instead as a citizens' ethics. Subsequently the paper attempts to show what the contents of this ethics are, and which ethical theory would be able to ground its obligations. (shrink)

The essay focuses on the rethinking of the conceptual circle normativity-truth-validity as regards its projection on the theory of law. Starting from the perspective of the “law in action”, that is to say by considering the experience/behaviour of the “common man”, the classical distinction between truth-validity can be rediscussed. This perspective is based on the concept of “common sense”: it is a very complex dimension composed by different strata and entails a new meditation on the pair “deontic-psychological” also (...) in light of some Edmund Husserl’s clues. Accordingly, it is possible to grasp the pair truth-validity “in action” (i.e. within the common legal experience), in order to propose some “open” conclusions concerning the dimensions of law as well as the legal theory. (shrink)