Chapter

The Validity of a Norm and its Observance or Violation

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/9780198252177.003.0012
The Validity of a Norm and its Observance or Violation

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Immediate observance or violation is possible only with a categorically valid individual norm, and not with a general norm (whether categorically or hypothetically valid). If an individual categorical norm is observed or violated, then in order to be valid it must be posited by a real act of will: it must be the meaning of an act of will different from that of which the general norm is the meaning. But according to an opinion which is almost universal, there is no need for such an act of will positing an individual categorical norm, since it is assumed that the individual categorical norm is implicit in the general norm.

Keywords: norms validity; norm observance; individual norm; categorical norm; norm violation; act of will

Chapter.  1711 words. 

Subjects: Jurisprudence and Philosophy of Law

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