Overcoming the Legal System? The Perspective of Inter-legality
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Abstract
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
Keywords
- Legal System
- Monism
- Dualism
- Composite Law
- Grammar of Legality