Chapter

The Objectivity of the Validity of General Norms and of Individual 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/9780198252177.003.0013
The Objectivity of the Validity of General Norms and of Individual Norms

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The validity of a general hypothetical norm begins when it is posited. But this conditional validity is not full validity. The process by which a general hypothetical norm becomes valid does not end with the positing of the norm. It must be continued, once the condition abstractly specified in this general hypothetical norm is concretely satisfied, by the positing of an individual categorical norm which corresponds to the general norm. That is the process of individualization of the general norm. The ‘validity’ of a general norm, i.e. its specific existence, is not a static state of affairs, but a dynamic process.

Keywords: norm validity; individual norms; hypothetical norms; conditional validity; general norm; positing of norms

Chapter.  737 words. 

Subjects: Jurisprudence and Philosophy of Law

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