Chapter

Empowering: Conferring the Power to Posit and Apply 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/9780198252177.003.0026
Empowering: Conferring the Power to Posit and Apply Norms

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The normative function of empowering means: conferring on an individual the power to posit and apply norms. A moral norm empowers a father to issue commands binding on his child. A legal norm empowers certain individuals to create legal norms or to apply legal norms. In such cases it is said that the law confers a legal power on certain individuals. Since the law regulates its own creation and application, the normative function of empowering plays a particularly important role in law. Only individuals on whom the legal order confers this power can create or apply legal norms.

Keywords: empowering; normative function; moral norm; legal norm; command; legal power

Chapter.  1517 words. 

Subjects: Jurisprudence and Philosophy of Law

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