PHENOMENOLOGICAL CONSTITUTION OF THE LEGAL NORM AND IDENTIFICATION OF LAW

Abstract

In legal theory, we can speak of normative validity in several senses. Here we will focus on the notion of validity as the identification of the legal norm. In trying to analyse the characteristics underlying the process of identification of law, the result will be the recovery of the phenomenological perspective in the form of the constitution of the norm in consciousness. From the point of view of the ideology of the sources, however, the present author will adopt a position of moderate legal positivism that reduces the substantive dimension of justice to the paradigm of argumentative correctness.