EFFECTIVENESS REGULATION AND EXISTENCE OF STRAIGHT

Abstract

Th e most prominent legal theorists agree that a degree of eff ectiveness is a necessary condition for the existence of a legal system. However, discrepancies arise when addressing the issues that will be the subject of analysis in this paper: a) the diff erent meanings of “eff ective rule”; b) the relationship between eff ectiveness and the concept of authority; c) the relationship between eff ectiveness and validity; d) the possible relevance of the reasons for compliance with Law; e) the diffi culties of measuring eff ectiveness; f ) the problem of the eff ectiveness of permissive and constitutive rules.