A concept of legal validity that leaves out the elements of social efficacy and correctness of content was classified above as a concept of legal validity in a narrower sense.
It was noted that this concept poses two problems. Alongside an external problem that lies in determining how the concept of legal validity is related to social and moral validity, there is an internal problem, too.[155] The internal problem is the circularity of the definition of legal validity, which says that a norm is legally valid if it has been issued in the duly prescribed way by a duly authorized organ and does not violate higher-ranking law, in short, if it is authoritatively issued.
The concepts of (he duly authorized organ, issuance of a norm in the duly prescribed way. and higher-ranking law. however, all presuppose at the outset the concept of legal validity. They can only mean: an organ authorized on the basis of legally valid norms, issuance of a norm in a legally regulated way, and legally valid higher-ranking law. Otherwise this would not be about the concept of legal validity in a narrower sense.The basic norm is the most significant instrument for resolving the circularity of the concept of legal validity in a narrower sense. Notwithstanding a great variety of possibilities for differentiation, three kinds of basic norm can be distinguished: analytical, normative, and empirical. The most important variant of the analytical basic norm is found in Hans Kelsen’s legal theory, of the normative basic norm, in Kant’s theory, and of the empirical basic norm, in H. L. A. Hart's theory.
More on the topic A concept of legal validity that leaves out the elements of social efficacy and correctness of content was classified above as a concept of legal validity in a narrower sense.:
- Corresponding to the three elements of the concept of law the elements of social efficacy, correctness of content, and authoritative issuance—are three concepts of validity: the sociological, the ethical, and the juridical.
- Extreme cases enable one to see what is scarcely visible in ordinary situations. For concepts of validity, the extreme cases are collisions of validity. The collision of legal and social validity will be our first concern.
- A. Legal and Social Validity
- The Ethical Concept of Validity
- The Sociological Concept of Validity
- B. Legal and Moral Validity
- The concept of the state
- THE CONCEPT OF THE POLITICAL
- The genealogy of the concept of the state
- The concept of humanitas Romana
- 1. Concepts of Validity
- Ill The Validity of La
- 2. Collisions of Validity
- II The Concept of La
- In the Roman legal system, all private and public legal disputes were initiÂated by individuals against other individuals, all of whom became litigants once the matter was brought before the magistrate.
- As previous chapters have demonstrated, ‘the state’ is an elusive and contested concept.