The paper purports to offer a primer to Kelsen's theory of validity. It accounts in turn for (1) the Kelsenian notion of validity, (2) validity conditions and validity grounds, distinguishing between the norms of the first historical constitution of a state legal order and derived norms, (3) the relations between validity, efficacy/effectiveness, and legitimacy, (4) the relations between Kelsen's theory of validity and more recent analytic theories.
A teoria kelseniana da validade
pierluigi chiassoni
2024-01-01
Abstract
The paper purports to offer a primer to Kelsen's theory of validity. It accounts in turn for (1) the Kelsenian notion of validity, (2) validity conditions and validity grounds, distinguishing between the norms of the first historical constitution of a state legal order and derived norms, (3) the relations between validity, efficacy/effectiveness, and legitimacy, (4) the relations between Kelsen's theory of validity and more recent analytic theories.
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