Chapter

Conflicts 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/9780198252177.003.0029
Conflicts of Norms

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A conflict exists between two norms when that which one of them decrees to be obligatory is incompatible with that which the other decrees to be obligatory, so that the observance or application of one norm necessarily or possibly involves the violation of the other. The conflict can be bilateral or unilateral. It is bilateral, if the observance or application of either norm involves a (necessary or possible) violation of the other; it is unilateral if it is only the observance or application of one of the two norms which involves the violation of the other. The conflict can be total or only partial. It is total if one norm commands a certain behaviour while the other prohibits this behaviour (i.e. commands its omission). It is partial if the content of one norm is only partially different from the content of the other.

Keywords: conflicts of norms; norms violations; bilateral conflict; norm observance; norm application

Chapter.  2253 words. 

Subjects: Jurisprudence and Philosophy of Law

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