O obowiązywaniu, skuteczności i akceptowalności norm prawnych

Abstract

The problems of valid ity of legal norms are dealt with not only form an internal point of view of a particular legal system , but also from an external point of view proper to the legal theoretical research , The author, referring to the concepts singled out by J. Wróblewski, presents the theoretical problems of validity using three concepts: validity (systemic validity), efficacy (factual validity), and acceptability (axiological validity). The author criticizes Kelson's theory of validity pointing out his linking of validity with eflicacy . Further the dilemma of efficacy is presented considering the problem of a judge who has to decide a case on the basis of the norm in force. The author stresses that acceptability should be understood as a rational acceptability conditioned by validity and efficacy of a norm.