Overcoming the Legal System? The Perspective of Inter-legality
Are you already subscribed? Login to check
whether this content is already included on your personal or institutional subscription.
The essay considers the way in which the theory of interlegality attempts to overcome the conception of law as a system of norms with a grundnorm on top. After briefly considering the standard view, I examine the the critique of interlegality, focused on the idea that several legal orders de facto make for a composite law in which attempts to functionally isolate each legal regime inevitably fail. I then consider the normative grip of the theory, which prescribes due examination of all norms de facto involved, so to avoid one-sidedness and injustice. The essay ends with a few critical remarks