Norms, Norms, and Norms: Validity, Existence and Referents of the Term Norm in Alexy, Conte, and Guastini

Abstract

In this paper we examine the interplay between validity and existence of a norm. We compare Amedeo Giovanni Conte\u2019s five-folded conception of norm with the \u201csemantic\u201d conception of Robert Alexy\u2019s and Riccardo Guastini\u2019s idea of existence-as-legal-membership. We show how Alexy\u2019s model encompasses all the referents of Conte. We investigate the interplay between different theses on the relationships between validity and existence of norms and the referents for norm that a theory is able to admit. In particular, we show that if we want to encompass all five Contean referents we have to give up the (Kelsenian) validity-as-existence thesis

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