Practice question · Select all that apply
Which are true of the properties a norm can have?
Hints
- Three distinguish the properties; one merges two of them.
- A repealed norm is no longer valid, and may still govern an old case.
Show the answer
- A. A norm can be valid before it is in force, during its vacatio legis
- B. Efficacy admits of degrees, whereas validity does not
- C. A repealed norm can still be applicable to facts that occurred while it was in force
Why
The second entry is the decisive counterexample to the fourth. A crime is judged under the code in force when it was committed, so a repealed article can be the applicable norm long after it has ceased to be a valid one. If the two were the same property, that everyday situation would be incoherent.
Practise The Anatomy of a Legal Norm
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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?
- Arrange these norms in the order Kelsen's chain of validity ascends.
- Sort each sentence by whether it is a NORM, a NORMATIVE PROPOSITION, or neither.
- In what year did Kelsen first publish the Pure Theory of Law?
- A normative proposition is itself a norm.