THE CONCEPT OF LAW AND EFFICACY
One of the senses of the term ‘efficacy’ refers to the fact that norm-addresses actually behave as is required of them by legal norms. This sense of the term is one which is generally used within the jurisprudential discussions about whether efficacy is the essential element of the concept of law. A...
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| Format: | Article |
| Language: | English |
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Josip Juraj Strossmayer University of Osijek, Faculty of Law
2017-12-01
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| Series: | Pravni Vjesnik |
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| Online Access: | https://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/5317 |
| _version_ | 1811229728683589632 |
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| author | Luka Burazin |
| author_facet | Luka Burazin |
| author_sort | Luka Burazin |
| collection | DOAJ |
| description | One of the senses of the term ‘efficacy’ refers to the fact that norm-addresses actually behave as is required of them by legal norms. This sense of the term is one which is generally used within the jurisprudential discussions about whether efficacy is the essential element of the concept of law. According to legal positivism, efficacy is in some cases and in certain ways the condition of legal validity of both legal norms and legal systems. On the other hand, legal realism tends to entirely identify legal validity or reduce it to efficacy. Thus, in both jurisprudential approaches, efficacy tends to play a role in shaping their respective concepts of law. However, while the legal positivistic view does not affect the most standard sense of legal validity of the legal norm (i.e. the legal norms’ membership in the legal system), and does not add much to the explanation of the concept of law by identifying efficacy as the criterion of legal systems’ existence, the legal realistic view is faced with some serious objections regarding its explanatory adequacy. |
| first_indexed | 2024-04-12T10:18:13Z |
| format | Article |
| id | doaj.art-94a38d5f9fab46728a540bebf6a74175 |
| institution | Directory Open Access Journal |
| issn | 0352-5317 1849-0840 |
| language | English |
| last_indexed | 2024-04-12T10:18:13Z |
| publishDate | 2017-12-01 |
| publisher | Josip Juraj Strossmayer University of Osijek, Faculty of Law |
| record_format | Article |
| series | Pravni Vjesnik |
| spelling | doaj.art-94a38d5f9fab46728a540bebf6a741752022-12-22T03:37:09ZengJosip Juraj Strossmayer University of Osijek, Faculty of LawPravni Vjesnik0352-53171849-08402017-12-01333-411913010.25234/pv/53173264THE CONCEPT OF LAW AND EFFICACYLuka Burazin0Katedra za opću teoriju prava i države Pravnog fakulteta Sveučilišta u Zagrebu. Trg Republike Hrvatske 14, 10000 Zagreb. Republika HrvatskaOne of the senses of the term ‘efficacy’ refers to the fact that norm-addresses actually behave as is required of them by legal norms. This sense of the term is one which is generally used within the jurisprudential discussions about whether efficacy is the essential element of the concept of law. According to legal positivism, efficacy is in some cases and in certain ways the condition of legal validity of both legal norms and legal systems. On the other hand, legal realism tends to entirely identify legal validity or reduce it to efficacy. Thus, in both jurisprudential approaches, efficacy tends to play a role in shaping their respective concepts of law. However, while the legal positivistic view does not affect the most standard sense of legal validity of the legal norm (i.e. the legal norms’ membership in the legal system), and does not add much to the explanation of the concept of law by identifying efficacy as the criterion of legal systems’ existence, the legal realistic view is faced with some serious objections regarding its explanatory adequacy.https://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/5317pojam pravapravna valjanost(društvena) učinkovitostpravna normapravni sustav |
| spellingShingle | Luka Burazin THE CONCEPT OF LAW AND EFFICACY Pravni Vjesnik pojam prava pravna valjanost (društvena) učinkovitost pravna norma pravni sustav |
| title | THE CONCEPT OF LAW AND EFFICACY |
| title_full | THE CONCEPT OF LAW AND EFFICACY |
| title_fullStr | THE CONCEPT OF LAW AND EFFICACY |
| title_full_unstemmed | THE CONCEPT OF LAW AND EFFICACY |
| title_short | THE CONCEPT OF LAW AND EFFICACY |
| title_sort | concept of law and efficacy |
| topic | pojam prava pravna valjanost (društvena) učinkovitost pravna norma pravni sustav |
| url | https://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/5317 |
| work_keys_str_mv | AT lukaburazin theconceptoflawandefficacy AT lukaburazin conceptoflawandefficacy |