engleski

Conception of Effectiveness in Kelsen's General Theory of Norms

The paper focuses on the second of the two (factual) conditions of validity. It's main aim is to reconstruct efficacy as a condition of validity in Hans Kelsen's General Theory of Norms (1991 [1979]) both in the light of Kelsen's newly introduced distinction between the conditional and full validity of a norm and the dynamic aspect of a legal order. It also aims to give a systemic account of efficacy as a condition of validity of both general and individual legal norms, taking into account the temporal aspect of validity, i.e. moments in which a norm becomes valid and ceases to be valid, and the span of time in which it remains valid. Moreover, since in General Theory of Norms efficacy of a legal order is mentioned only in passing, it attempts to flesh out the efficacy condition of the validity of a legal order as a whole based on its connection to the efficacy of single legal norms as its elements.

H. Kelsen, efficacy, validity, legal norms, legal systems

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