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"The basic norm and efficacy of the legal system" [2019] ELECD 1063; in Orakhelashvili, Alexander (ed), "Domesticating Kelsen" (Edward Elgar Publishing, 2019) 149

Book Title: Domesticating Kelsen

Editor(s): Orakhelashvili, Alexander

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: The basic norm and efficacy of the legal system

Number of pages: 44

Abstract/Description:

Chapter 5 focuses on the basic norm, which has been a concept contested by Kelsen’s opponents. The chapter addresses criticisms of the basic norm, its possible analytical alternatives, and then places it in the context of positivist methodology. After that, the basic norm of the UK legal system is identified and the overall efficacy of this legal system is rationalised in terms of the pure theory.