ABSTRACT

Under strong legalism, the form of the norm is legality. Legality as the formal requirement of a norm determines its ontology. A norm exists if and only if it has a legal form. As a necessary condition for a norm’s existence, the legality of a norm at the same time involves its legitimacy. A norm is legitimate if and only if it satisfies the conditions for legality of the legal system to which it belongs. This is reminiscent of Max Weber’s thesis that legality involves legitimacy.1