Five Comments on Validity and Derogation

Abstract

In this text, it is argued that the phenomenon of invalid norms that are nevertheless applicable has, despite the efforts of Rodríguez, Oruneso, and Sucar, nothing mysterious. Unless, of course, that a concept of validity is assumed (tacitly) such that invalid norms must, by definition, be inapplicable, devoid of legal effects; unless, in short, validity and applicability are identified, or validity is assumed to be a necessary and sufficient condition of applicability.