Legality Policies and Theories of Legality: From “Bananas” to Radbruch’s Formula

摘要

I shall argue that issue of legal validity or legality (I will use these two terms as synonymous) can beaddressed by taking an inferential stand, namely, by considering under what preconditions (antecedents)the legality of a norm can be inferred, and what postconditions (consequences) can be inferred from anorm’s legality.Consequently, I shall consider what form theory of legality can take, where by a theory oflegality I mean a set of conditionals (legality policies) which, together with true facts, circumscribesthe set of legal norms. In particular, I shall consider to what extent such conditionals need to be positivistic