In Kelsen's hierarchical model of law, why is a lower legal norm valid?
Correct answer: B. Because a higher norm authorizes it
- A. Because it is morally approved
- B. Because a higher norm authorizes it
- C. Because citizens commonly obey it
- D. Because judges personally prefer it
Explanation
Kelsen explains legal validity through a hierarchy in which a lower norm derives its authority from a higher norm. Social obedience or moral approval may explain effectiveness or evaluation, but they do not supply the norm's legal authorization.
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Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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