2014 | OriginalPaper | Chapter
Drafting a Composite Indicator of Validity for Regulatory Models and Legal Systems
Authors : Andrea Ciambra, Pompeu Casanovas
Published in: AI Approaches to the Complexity of Legal Systems
Publisher: Springer Berlin Heidelberg
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The aim of this paper is to lay the groundwork for the creation of a composite indicator of the validity of regulatory systems. The composite nature of the indicator implies a) that its construction is embedded in the long-standing theoretical debate and framework of legal validity; b) that it formally contains other sub-indicators whose occurrence is essential to the determination of validity. The paper suggests, in other words, that validity is a second-degree property, i.e., one that occurs only once the justice, efficiency, effectiveness, and enforceability of the system have been checked.