LAW'S BOUNDARIES

Abstract

AbstractThe norms of a legal system are relevant in deciding on people's rights and duties within that system. Some norms that are not part of a legal system are also relevant within it: norms of foreign legal systems, games, clubs, contracts, grammar, and so on. What distinguishes the norms of a legal system from the norms merely relevant within it? Where, in other words, are law's boundaries? There are three existing answers in the literature, from Kramer, Shapiro, and Raz. None succeed. A better answer starts with a distinction between two types of legal relevance: direct and indirect. Norms of a legal system are directly relevant within it. Norms that are not part of a legal system are at most indirectly relevant within it. Thus, the two types of norms are distinguished by the directness of their relevance.