TY  - JOUR
TI  - AXIO-SYSTEMIC VALIDITY: POSITIVISM WITH REASON
AB  - Systemic validity is generally in conformity with the understanding of validity adopted by legal officials. On the other hand, it suffers from an inability to account for why an enactment in conformity with the systemic criteria constitutes a norm. Axio-systemic validity aims to compensate this deficiency by introducing a hybrid understanding of validity. While the systemic component continues the descriptive and explanatory advantages, the minimum axiological element guarantees that the enactments possess the character of norms. While axio-systemic validity violates the social fact and sources theses, it is compatible with the separability thesis. Therefore, it can be conceived of as a positivist understanding of validity.
AU  - Gülgeç, Yahya Berkol
DO  - 10.33717/deuhfd.899912
PY  - 2021
JO  - Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi
VL  - 23
IS  - 1
SN  - 1303-6963
SP  - 517
EP  - 569
DB  - TRDizin
UR  - http://search/yayin/detay/464767
ER  -