Thomas Aquinas: Natural Law, Validity, and Legal Efficacy
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Legal Philosophy: Justice, Validity, and Efficacy
The relationship between justice, validity, and the effect (efficacy) of law is central to legal philosophy.
Some argue that if a legal standard does not comply with justice, it should not be compulsory, and therefore should not be considered valid. However, this argument is often rejected by those who state that the validity or enforceability of the law is independent of its justice or injustice. They assert that the law is valid simply because the standard has been created by man, usually under the authority of the State.
Alongside these notions is Efficacy (or effectiveness), which means that the legal standard is met in practice. This occurs either because the addressee of the rule obeys it... Continue reading "Thomas Aquinas: Natural Law, Validity, and Legal Efficacy" »