The Truth of a Statement and the Validity of a Norm

Hans Kelsen

in General Theory of Norms

Published in print March 1991 | ISBN: 9780198252177
Published online March 2012 | e-ISBN: 9780191681363 | DOI:
The Truth of a Statement and the Validity of a Norm

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A statement must be made, not in order to be true, but in order that we be able to judge it true or false. It is true, even if it is not made. That heat causes a metal to expand is true, even if no one makes this statement. That murder is to be punished by death is valid only if this norm is posited by the legislator. A statement is true if what it states exists. Even a false statement is a statement. If the decision of a judge ‘X is to be imprisoned’ is not valid for some reason or other, then the decision is ‘void’ (i.e. it is not a norm); this meaning does not exist.

Keywords: statement; norm validity; Ought; derogation; judgment; norm positing

Chapter.  2483 words. 

Subjects: Jurisprudence and Philosophy of Law

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