On the Lexical Meaning of Validity
In standard language, the expression “the law in force” is tautological in a rather interesting way. For example, Webster's dictionary defines “having force” as its characteristic of validity.
In other words, “this rule has force” is the same as saying “this rule is valid”. Such a definition, however, does not allow us to go any further as, when we use language in this way, the problem is the concept of validity in itself (Conte and Cabrera, 1995,17; Garzon Valdes 1987,41). The answer to that problem requires a distinction between three concepts of validity, three ways of speaking about how a norm is a part of the legal order. They present three different languagegames, and, prima facie, none of these has unconditional priority in respect of the others. These three concepts of validity are: systemic validity, efficacy - i.e., the actual following of a norm in society - and axiological validity. As we will see, this differentiation is also important because it reflects three approaches in the theory of DSL.Jerzy Wroblewski has denoted these approaches with the terms systemic, factual and axiological validity (Wroblewski 1992, 75). In the following, this same distinction will be denoted by the terms the formal validity, the efficacy and the acceptability of legal norms. The law in force, then, can refer to anyone of these three - or to all three together.
Source:
Aarnio Aulis. Essays on the Doctrinal Study of Law. Springer Netherlands,2011. — 221 p.. 2011
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