Standards, Legal Systems, and Efficacy

Abstract

In this paper, I analize the relation between efficacy and legal systems. The legal theory, generally, emphasizes the importance of the efficacy as an existence criterion of legal systems, though, the jurists do not much to clarify the precise meaning of this concept. Nevertheless, we can relate the efficacy with the performance of legal systems. In this way, first, I criticize the concept of efficacy as the mere correspondence between state of affairs and norm contents; and, secondly, I analize the concept of efficacy as the relation between motives, norm subjects, and actions.