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Research On Kelson's Theory Of Validity And Effectiveness Of Law

Posted on:2007-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y YinFull Text:PDF
GTID:2166360185957413Subject:Legal theory
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The validity of law, that is the binding power of law, is an indispensable element of law. It bears on whether a legal rule should be obeyed. Validity of law is a very important legal issue, but also a controversial issue. Many law schools and jurists have made their theories of validity, and debate with each other. Effectiveness of law refers to the acts consistent with the law. Jurists debate whether the effectiveness relates to the validity; if it does, how it relates to. In these debates, Kelsen's research on validity and effectiveness is most systemic, and his argument is quite brilliant. In China, there are a few introductions on the validity of law in legal materials, and the writings on it are not so many. Some books or articles confuse validity with effectiveness, or write roughly about their relationship. Therefore, Kelsen's theory of validity and effectiveness can be a good teaching material to help our in-depth understanding of validity, effectiveness and the relationship between them.The article is composed of four parts. In chapter one, the article introduces Kelsen's theory of validity of law. To understand Kelsen's theory of validity of law, we must first understand the law in Kelsen's viewpoint. Kelsen regards law as a system, an order, which is composed of legal norms. A legal order may be characterized as a coercive order. Law is the primary norm that stipulates the sanction. Validity of law refers to the binding power or compulsory power of law. The reason of the legal norms in a legal order is the'basic norm'which is presupposed in our juristic thinking, whose content is that one ought to obey the prescriptions of the historically first constitution. Kelson insists that legal norms have four spheres of validity. They are personal sphere of validity, material sphere of validity, territorial sphere of validity and temporal sphere of validity. The personal sphere of validity and the material sphere of validity are prior to the territorial sphere of validity and...
Keywords/Search Tags:Effectiveness
PDF Full Text Request
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