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This chapter challenges the traditional resolution to the problem of legal reception and offers an alternative account. Section I analyzes the extent to which certain analytical distinctions on loan from contemporary theories of legal systems can shed new light on problems of the reception of norms. Section II considers whether the notion of the legal system as an open normative system can provide a satisfactory resolution of the problem of the reception of norms. As it is well known, a legal system can provide criteria for enforcing both foreign norms and other different types of non-legal norm, for example, regulations of commercial companies, contracts, and the like. These norms are adopted by the legal system and, as Joseph Raz emphasizes, the more such a system adopts ‘alien’ norms, the more open it is. In the same vein, it is argued that where revolutionary changes have taken place, earlier norms are adopted by the revolutionary law — that is to say, they can retain their binding force or applicability even though it is hardly possible to them as members of the new legal system. The chapter also shows that a sharp distinction between membership and applicability is an important analytical tool whose use yields a better understanding of the authoritative character of law.
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