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The concept of the validity of law is highly important for the legal theory and practice as it is inherently linked to the existence of law itself. Leaving aside its original and decisive connection with Hans Kelsen’s thought, it is not only possible to propose a justifying concept (i.e., not a merely descriptive one) of the validity of law as closely associated with the rational justification of the law; it should also be noted that such concept is necessary for the existence of the Constitutional and Democratic State. Thus, the law binds as long as it is valid and this validity depends on the law’s rational foundation. It is possible to identify up to eleven requirements for considering a law as rationally justified. The proposed theory reconciles reason with law through a prudential and duly weighed approach, is based on the classical legal realism and finds connections with authors counted among the so-called non-positivist/new-constitutionalists (specially Mr. Robert Alexy).

Una teoría de la validez jurídica