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The Unity Of The Legal Order. The Validity Of The Law

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Chapter Summary

The three notions (legitimacy, validity and effectiveness) fit respectively within the three-dimensionalim on the plane of values, norms and facts. The idea of validity is connected, at least in the continental legal tradition, to the legal norm, to the notion of "legality," as well as to its differentiating quality, "imperativeness". Imperativeness entails the duty of complying with the conduct imposed by the norm or the legal reaction in the form of punishment for the case of non-compliance. The concept of effectiveness is tightly linked to the idea of "coactivity," "coerciveness," or the possibility of inexorable imposition of a sanction. This chapter reviews the legal sphere of validity, and in a technical sense, with reference to norms. It underlines the fact that, as far as the material is concerned, it is difficult to hold to any rigid criteria of classification which would totally square the diverse doctrines.

Keywords: formal validity; legal norm; legitimacy; three-dimensionalim



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