Chapter

Norm-positing Acts: Content and Description—Norms: Validity and Content

Hans Kelsen

in General Theory of Norms

Published in print March 1991 | ISBN: 9780198252177
Published online March 2012 | e-ISBN: 9780191681363 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252177.003.0008
Norm-positing Acts: Content and Description—Norms: Validity and Content

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Whoever posits a norm, i.e. commands or prescribes a certain behaviour, wills that a person (or persons) is to behave in a certain way. Such is the meaning of the act of will we call a ‘command’. But it is not every command which is a prescription or norm, according to ordinary usage. It is only the meaning of an act of commanding which is qualified in a certain way which is a valid norm, namely an act of commanding empowered by a norm of a positive moral or legal order.

Keywords: act of will; command; norm; prescription; legal order; moral order

Chapter.  1759 words. 

Subjects: Jurisprudence and Philosophy of Law

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