Practice question · Put in order
Arrange these norms in the order Kelsen's chain of validity ascends.
- The constitutional provision authorising that statute
- The individual norm in a judgment ordering a specific payment
- The basic norm presupposed by legal thought
- The statutory article the judgment applies
Hints
- The chain starts with the most concrete norm.
- The last entry is not enacted by anyone.
Show the answer
- The individual norm in a judgment ordering a specific payment
- The statutory article the judgment applies
- The constitutional provision authorising that statute
- The basic norm presupposed by legal thought
Why
The last step is the one doing the philosophical work. Every other link derives its validity from the link above; the chain has to stop, and Kelsen stops it at a norm nobody issued, presupposed in order that the rest may be understood as valid. Hart's alternative is to stop at something observable instead: what officials actually treat as law.
Practise The Anatomy of a Legal Norm
The app has 4 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on The Anatomy of a Legal Norm
- Why can a norm be valid and almost wholly ineffective at the same time?
- A legal norm is not true or false, but valid or invalid. What follows from this distinction when an observer…
- Complete the anatomy of the norm.
- For Hart, a rule of recognition is a secondary rule.
- How many kinds of secondary rule does Hart distinguish?
- Sort each sentence by whether it is a NORM, a NORMATIVE PROPOSITION, or neither.
- Which are true of the properties a norm can have?
- In what year did Kelsen first publish the Pure Theory of Law?
- A normative proposition is itself a norm.