Chapter

Primary and Secondary Legal Norms—Subjective and Objective Observance and Violation 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/9780198252177.003.0015
Primary and Secondary Legal Norms—Subjective and Objective Observance and Violation of Norms

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A command is objectively observed or violated if the behaviour it prescribes actually takes place or does not take place (if the person to whom something is commanded actually performs or does not perform the behaviour in question, if his behaviour agrees or does not agree with the command), whether or not he is aware of the command. But a command is ‘observed’ or ‘violated’ subjectively only when the addressee's behaviour agrees or fails to agree with a command of which he is aware, only when he wants to behave (or not to behave) in a way which agrees with the meaning of an act of commanding which he understands, or he wants to behave in the opposite way.

Keywords: primary legal norm; secondary legal norm; subjective observance; norms violation; behaviour; command

Chapter.  743 words. 

Subjects: Jurisprudence and Philosophy of Law

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