The Concept of the Law’s Effectiveness
Leroy, Yann
The Concept of the Law’s Effectiveness - 2011.
45
Legal effectiveness usually means enforcing the law. Faced with a narrow view of the representation of effectiveness that emphasizes an imperative and a repressive conception of the law, further reflection on the very notion of effectiveness itself is needed. Following a gradual scheme that follows in the path of legal theory, this paper addresses the notion of effectiveness at the core of the problematics of legal consequences. This notion is defined as the production by legal rules of consequences compatible with the finalities of this production, whether concrete or symbolic, legal or extra-legal, foreseen or unforeseen, desired or imposed, immediate or postponed.
The Concept of the Law’s Effectiveness - 2011.
45
Legal effectiveness usually means enforcing the law. Faced with a narrow view of the representation of effectiveness that emphasizes an imperative and a repressive conception of the law, further reflection on the very notion of effectiveness itself is needed. Following a gradual scheme that follows in the path of legal theory, this paper addresses the notion of effectiveness at the core of the problematics of legal consequences. This notion is defined as the production by legal rules of consequences compatible with the finalities of this production, whether concrete or symbolic, legal or extra-legal, foreseen or unforeseen, desired or imposed, immediate or postponed.
Réseaux sociaux