Introduction: The Subject of Legal Validity

Abstract

One occasionally hears references made to something called “the problem of legal validity.” The use of this definite description suggests that there is either just one problem, or just one major problem, concerning legal validity. The suggestion is incorrect. Rather, there are a number of distinguishable, though related, problems which fall under the heading “the subject of legal validity.” Though some of these problems are more important than others, none has a sustainable claim to being the problem of legal validity. The scope of the subject may be indicated informally by saying that it deals with, among others, the following questions. “Of what may the word ‘valid’ be predicated?” “How, in existing legal systems, is the validity of laws decided?” “What is the relation between the concept of legal validity and such lawyers’ concepts as those of nullity and voidability?” “If a law is valid, does it follow that it is morally binding?”