Enforceability and Validity of the Power Law

powerLaw will be the object “dead” if it does not have the power or strength of force. Therefore thinker Hans Kelsen as strongly emphasizes the importance of legal positivism, that the law was separated from the elements of social sciences, such as sociology, anthropology, economics and politics. Kelsen distinguishes between legal enforceability and validity of the law.

Element of coercion that exist in the law is not a compulsion psychic, but the fact that the sanctions as specific actions by rules of law form. Element of coercion is relevant only as part of the content of the rule of law rather than as an individual thought process subject norm. It is not owned by a moral system. Is someone really obeying the rule of law in order to avoid legal sanctions it or not with respect to the enforceability of the law.

Legal validity according to Kelsen is the existence of specific norms. Norma said to be valid if it is a form of expression that assumes the existence of such norms has binding force (binding force) pressure through sanctions against the actions of a regulated, commanded or forbidden. Rule is the law. And valid law is the norm.
Law is a norm that gives sanction, with regard to the legal validity or logical thinking. While the law regarding the enforceability of the legalist thinking. In the context of “legal validity” there certain symptoms that can be observed as official behavior, the behavior of law enforcement, documents, legislation and sentencing judge in a specific framework that is understood as a specific reference is understood as a law.

From this it appears that the law is also a creation of the mind. Normative enforceability of law as well as such can only be understood and considered. The fact is thinking, thus the validity of empirical propositions applicable law or informative.

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