Chapter

Recognition and Observance of Norms

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/9780198252177.003.0011
Recognition and Observance of Norms

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A command or order or prescription or norm is essentially directed to the behaviour of someone other than the person who gives the order or issues the command or makes the prescription or posits the norm. Assent to a command (which cannot be true or false) must be distinguished from assent to a statement (which is true or false). In the former case, there is an agreement of wills between the commander and the addressee, and in the latter case, there is an agreement of thought between the person making the statement and the person who takes notice of it. Assent to a statement consists in a statement, i.e. the statement that the statement to which one assents is true. It is equivalent to a repetition of the statement on the part of the person assenting to it.

Keywords: norms observance; command; order; assent to a command; assent to a statement; norms

Chapter.  1689 words. 

Subjects: Jurisprudence and Philosophy of Law

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