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Sumary
In this essay I discuss the unclear relationship between the principles of validity and
effectiveness and the concept of Basic Norm. I examine this conceptual tension to understand the
way Kelsen deals with these questions: "What Constitutes the unity of a multitude of norms?; Why
does a certain norm belong to a certain order?; Why is a valid norm?; What is the reason for its
validity? "(Kelsen, 1960, 193). In order to comprehend the genesis and structure of the Basic Norm
and to understand the logic behind this structural tension between validity and effectiveness, I
discuss the differentiation between the subjective and objective meaning of a norm. Furthermore, I
explain the criterion that allows Kelsen to differentiate a gang of robbers from a State. Finally,
I examine the concept of revolution and change of a legal system to enlighten the structural
tension between the concepts of validity and effectiveness. |
