TY  - CONF
A1  - Dyrda, Adam
T1  - The banality of law: some remarks on legal conventionalism
T2  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series ; 074
N2  - The paper is concerned with the Hartian idea that the justification of law’s normativity can be traced back to the exquisite social fact, viz. special kind of social convention. After discussing the view that the rule of recognition is a coordinative convention A. Marmor’s idea of constitutive convention is introduced. Relying on J. Dickson’s brilliant enquiry I finally argue that this latter idea is deprieved of any explanatory power, which was pressuposed by H.L.A. Hart when he himself reffered to the conventional rule of recognition as social fact having full normative significance.
T3  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series - 074 
KW  - conventionalism
KW  - rule of reconition
KW  - coordination convention
KW  - constitutive convention
Y1  - 2012
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/24932
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-249325
PB  - Goethe-Univ.
CY  - Frankfurt am Main
ER  -