EFFECTIVENESS REGULATION AND EXISTENCE OF STRAIGHT

Authors

  • Josep Maria Vilajosana

Keywords:

EFFECTIVENESS, EXISTENCE OF A LEGAL SYSTEM, AUTHORITY, LEGAL VALIDITY, OBEDIENCE, COMMANDS, PERMISSIVE RULES, CONSTITUTIVE RULES

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.

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Published

2020-05-22

How to Cite

Vilajosana, J. M. (2020). EFFECTIVENESS REGULATION AND EXISTENCE OF STRAIGHT. Teoría & Derecho. Revista De Pensamiento jurídico, (8), 102–118. Retrieved from https://teoriayderecho.tirant.com/index.php/teoria-y-derecho/article/view/240