Validity of legal norms with special reference to Kelsen's general theory of law

The term validity of legal norms usually means the obligation of legal norms for entities whose behavior is regulated by a legal norm. In legal theory, the concept of validity of law is used in a different sense. Kelzen's idea of the validity of law stems from his so-called gradation theory acc...

Full description

Saved in:
Bibliographic Details
Main Author: Pajić-Šavija Sandra
Format: Article
Language:English
Published: Visoka poslovna škola strukovnih studija Prof. dr Radomir Bojković, Kruševac 2023-01-01
Series:Trendovi u Poslovanju
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/2334-816X/2023/2334-816X2302080P.pdf
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1823859831023337472
author Pajić-Šavija Sandra
author_facet Pajić-Šavija Sandra
author_sort Pajić-Šavija Sandra
collection DOAJ
description The term validity of legal norms usually means the obligation of legal norms for entities whose behavior is regulated by a legal norm. In legal theory, the concept of validity of law is used in a different sense. Kelzen's idea of the validity of law stems from his so-called gradation theory according to which each legal norm is valid on the basis of an immediately higher legal norm, while at the head of the hierarchy is the constitution as the highest legal norm, which bases its validity on the assumed norm. According to Kelzen, a legal norm derives its validity, that is, its obligation, not from its content but from its form. In this sense, legal norms are valid because they are ideally obligatory, regardless of the fact whether subjects are familiar with them and their content. Kelzen puts special emphasis on distinguishing the validity of law from the efficacy of law. While the validity of law means that legal norms are mandatory, that is, that subjects should behave in the manner described in the norm itself, the effectiveness of law means that the addressees actually behave in the manner prescribed by the legal norm. However, although Kelsen separates the validity and effectiveness of a legal norm, he still believes that there is a connection between validity and effectiveness because only an effective norm is considered valid.
format Article
id doaj-art-63147197c1bd4b4880025b09f2cc4803
institution Kabale University
issn 2334-816X
2334-8356
language English
publishDate 2023-01-01
publisher Visoka poslovna škola strukovnih studija Prof. dr Radomir Bojković, Kruševac
record_format Article
series Trendovi u Poslovanju
spelling doaj-art-63147197c1bd4b4880025b09f2cc48032025-02-10T19:38:26ZengVisoka poslovna škola strukovnih studija Prof. dr Radomir Bojković, KruševacTrendovi u Poslovanju2334-816X2334-83562023-01-01112808510.5937/trendpos2302080P2334-816X2302080PValidity of legal norms with special reference to Kelsen's general theory of lawPajić-Šavija Sandra0Visoka škola za poslovnu ekonomiju i preduzetništvo, Beograd, SerbiaThe term validity of legal norms usually means the obligation of legal norms for entities whose behavior is regulated by a legal norm. In legal theory, the concept of validity of law is used in a different sense. Kelzen's idea of the validity of law stems from his so-called gradation theory according to which each legal norm is valid on the basis of an immediately higher legal norm, while at the head of the hierarchy is the constitution as the highest legal norm, which bases its validity on the assumed norm. According to Kelzen, a legal norm derives its validity, that is, its obligation, not from its content but from its form. In this sense, legal norms are valid because they are ideally obligatory, regardless of the fact whether subjects are familiar with them and their content. Kelzen puts special emphasis on distinguishing the validity of law from the efficacy of law. While the validity of law means that legal norms are mandatory, that is, that subjects should behave in the manner described in the norm itself, the effectiveness of law means that the addressees actually behave in the manner prescribed by the legal norm. However, although Kelsen separates the validity and effectiveness of a legal norm, he still believes that there is a connection between validity and effectiveness because only an effective norm is considered valid.https://scindeks-clanci.ceon.rs/data/pdf/2334-816X/2023/2334-816X2302080P.pdflegal validityeffectiveness of legal normsbasic norm
spellingShingle Pajić-Šavija Sandra
Validity of legal norms with special reference to Kelsen's general theory of law
Trendovi u Poslovanju
legal validity
effectiveness of legal norms
basic norm
title Validity of legal norms with special reference to Kelsen's general theory of law
title_full Validity of legal norms with special reference to Kelsen's general theory of law
title_fullStr Validity of legal norms with special reference to Kelsen's general theory of law
title_full_unstemmed Validity of legal norms with special reference to Kelsen's general theory of law
title_short Validity of legal norms with special reference to Kelsen's general theory of law
title_sort validity of legal norms with special reference to kelsen s general theory of law
topic legal validity
effectiveness of legal norms
basic norm
url https://scindeks-clanci.ceon.rs/data/pdf/2334-816X/2023/2334-816X2302080P.pdf
work_keys_str_mv AT pajicsavijasandra validityoflegalnormswithspecialreferencetokelsensgeneraltheoryoflaw