La ineficacia de las normas jurídicas en la Teoría Pura del Derecho

Abstract

In this article an important element of the Pure Theory of Law is analyzed: the disuse of legal rules. Although in a historical way this subject has occupied a second place in the studies of the work of Hans Kelsen, we can not forget that the author regarded the disuse as the only process of legal rules elimination typical of every legal system. In this article two arguments are presented; (a) the first one related to the concept of inefficiency and (b) the second one linked to the characterization of the disuse as a conflict or like a succession process of rules. Finally, I consider the solutions that authors like Ricardo Guibourg and Joseph Raz have brought up to this problem.