Consistent with other research, the results point to homogamy as a basic norm in marriage.
Once Kelsen admits, as he does, that the content of a basic norm is fully determined by practice, it becomes very difficult to understand how the explication of legal validity he offers is non-reductive.
Kelsen, however, quite explicitly admits that efficacy is a condition of the validity of the basic norm: A basic norm is legally valid if and only if it is actually followed in a given population.
The policy reflects a basic norm within the Justice Department.
At this point, Kelsen admits, 'one presupposes a new basic norm, no longer the basic norm delegating law making authority to the monarch, but a basic norm delegating authority to the revolutionary government' (PT1, 59).
In such a case, the priest must argue as if he endorses the basic norm of Jewish Law, but of course, being a Catholic, he does not really endorse it, it does not reflect his own views about what is right and wrong (Raz 1979, 153 157).
Anarchism is understood here precisely as a rejection of the normative validity of law; however, even the anarchist can make an argument about what the law in this or that context requires; and when she makes such an argument, she must presuppose the legal point of view, she must argue as if she endorses the basic norm of the relevant legal system.
Similarly, the normativity of law, presupposed by its basic norm, is optional: "An anarchist, for instance, who denied the validity of the hypothetical basic norm of positive law….
But this led Kelsen to the rather uncomfortable conclusion that there is only one basic norm in the entire world, namely, the basic norm of public international law.
"Targeted sanctions serve as a warning that acts contrary to basic norms of justice and human rights cannot be committed with impunity," said the NLD.
