Existenz und Geltung des Rechts

Validity is considered to be the specific form of existence of law. However, norms obviously also exist when they are not yet valid but are already the subject of legislative proceedings, or in judicial trials in which their lack of validity is first established. The disentanglement of the existence and validity of law offers the key to a redefinition of both the concepts of validity and existence. This redefinition then allows the relationships between the existence, validity, effectiveness and legitimacy of the law to be systematically reorganised. This also opens up a new perspective on the concept of law itself. more