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The lecture not only deals with the positive or de facto validity
(the "effectiveness") but, also, with the normative, ob liga tory
validity of right (its "legitimacy"). For the definition of
positive validity, he refers to the "theories of recognizance"
originating from the 19th century whereby, how ever, he divorces
the general theory of recognizance prevailingly adopted today from
the older, "individual," theories of recognizance. Utilizing the
decisive factor of recognizance, he separates the positive validity
of the legal right from the mere enforcement (in the sense of the
theory of constraint). The second part of the lecture deals with
the question if and under what prerequisites an actual existing
positive right is also allocated a normative obligatory power
("normative" validity). He demonstrates the necessity of such a
question on the "nihilism of va lues" of extremist sociological
trends. Realistically and gradually he unfolds the problem by the
course the "dualism of is and should be" by Kelsen on one hand and
Rickert, Max Weber, Radbruch on the other, took, and which lead,
with their trains of thought in agreement, to the forfeiture of the
"should be" to the "is" of the existing de facto power at the
times. In doing so, they destroyed the prere quisites from which
they themselves started off, not only as practical-acting but,
also, as theoretical-thinking men, in one and the same breath."
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