TY  - JOUR
TI  - INTERRELATIONSHIP BETWEEN VALIDITY, EFFICACY AND COERCIVENESS
AB  - Validity, efficacy and coerciveness are all central concepts in legaltheory. Every major legal theoretician has somehow touched upon in each ofthese concepts. However, their meaning and interrelationship remainproblematic. Some of these problems originate from the adopted definitionsof these concepts, some others from the ambiguous tone of legal philosophers.This article can be viewed as an effort to reconcile these three concepts andre-discover their central position in legal theory. In this regard, the articleexamines the work of three important positivists, each leading a differentunderstanding of positivism: Austin, Kelsen and Hart. The article reaches theconclusion that the concepts of efficacy and validity are intertwined as theefficacy of the legal system has always been conceived of as the pre-conditionfor its validity. On the other hand, an individual norm's efficacy should haveno effect on its validity. The connection of sanctions as the tool ofcoerciveness to these two concepts depends on the adopted definition ofsanction. There are two understandings of sanctions: Normative and factual.In case the normative understanding or definition is adopted, sanction andcoerciveness have very little to do with either validity or efficacy. If sanctionis considered to be a factual "evil", however, its effect on the system's efficacyand validity increases.
AU  - GÜLGEÇ, Yahya Berkol
PY  - 2017
JO  - Ankara Üniversitesi Hukuk Fakültesi Dergisi
VL  - 66
IS  - 4
SN  - 1301-1308
SP  - 677
EP  - 729
DB  - TRDizin
UR  - http://search/yayin/detay/288181
ER  -