bindingness

The bindingness of the relation is limited (again a law partnership in which in theory each member is free to quit almost at will).

More importantly, the weakness of such pure positivism is that it detaches law from any rationale which could explain its bindingness.

Kondylis examines the claimed bindingness and also ambiguity inherent in all ideologies and social institutions.

November 21 - The Rolling Stones frontman Mick Jagger finally marries longtime girlfriend Jerry Hall in a traditional Hindu ceremony on the island of Bali, although the wedding's legal bindingness is questionable.

In this way, Kelsen contends, the bindingness of legal norms, their specifically 'legal' character, can be understood without tracing it ultimately to some suprahuman source such as God, personified Nature or a personified State or Nation.

But the narrow idea of bindingness does not in itself take us to a real 'ought', to a genuine obligation; it only says that if you are going to play the game of law this involves taking the rules and decisions as mandatory or non-optional.

On the other hand, if the reason for the bindingness of a legal norm is intrinsic to its 'legal' character, that reason might have to be sought in the 'legal' form of the individual norm and not in any kind of further guarantee.

Descriptive value-free research in respect of science as a quest for truth can only be what it claims to be as long as it does not seek to be a value which wants general application and bindingness (as is the case with ethical-normative stances).

'Ethical' because fulfilling this function it seeks to follow a method which has the ethics of impartiality embodied in it, being the ultimate foundation of its bindingness: the ethical imperative of securing a morally justified indeed morally overriding goal in a morally acceptable manner.

In relations, on the other hand, some at least of the obligational content develops through the relation itself and may never be made express, the bindingness arises from sources internal to the parties as well as external sources, and specificity is likely to be very low or non-existent.

Central to the Pure Theory of Law is the notion of a 'basic norm (Grundnorm)' - a hypothetical norm, presupposed by the jurist, from which in a hierarchy all 'lower' norms in a legal system, beginning with constitutional law, are understood to derive their authority or 'bindingness'.

This would enhance the authority of international law because of the inherent and self-evidently moral qualities of such an impartial legal process; the 'bindingness' of international law would be increased because the aims of the enterprise - the peaceful resolution of international conflicts - would be assumed to be universally desirable.

Further denying the existence of true transactions, Macneil argues in the first section that since bindingness is external to the parties, part of the content of the obligation (i.e. its bindingness) is not expressly agreed by the parties, so the transactional norm is impossible of fulfilment.