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Letizia Gianformaggio, "On Moral and Legal Justification", in Law and Language. The Italian Analytic School (click here for further details): The essay distinguishes first between foundation and justification of norms. To found a norm amounts to ascertaining its existence; to justify it amounts to showing that it is to be accepted. Normative systems are either static or dynamic. The author challenges the traditional criterion of the distinction between both systems. In her opinion a more sound criterion obtains, namely: inside static normative systems everybody is allowed to issue norms, through a procedure of justification, and there is no peculiar way of founding norms - just in order to know them - different from justification; inside dynamic normative systems foundation and justification of norms is to be distinguished in fact and not only conceptually, and only authorized bodies, who do not necessarily need to justify their choice, have normative power. e-mail: gianformagg@sivax.unisi.it



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