Practice question · Multiple choice
Why can a norm be valid and almost wholly ineffective at the same time?
Hints
- Ask what each property is a claim about.
- One is settled by tracing the norm's pedigree; the other by observing what people do.
Show the answer
B. Validity is membership of the system, settled by how the norm entered it; efficacy is a fact about behaviour
Why
Because they are claims about different things. Validity asks how the norm entered the system — competent organ, correct procedure, no conflict with a higher norm — and is settled by tracing its pedigree. Efficacy asks what people do, and is settled by observation. A competently enacted rule that everyone ignores scores full marks on the first and near zero on the second.
Practise The Anatomy of a Legal Norm
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More questions on The Anatomy of a Legal Norm
- 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.
- 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.