Chapter

Statements about the Validity of a Norm and Statements about Factual Behaviour which Agrees with or Contradicts the Norm

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/9780198252177.003.0048
Statements about the Validity of a Norm and Statements about Factual Behaviour which Agrees with or Contradicts the Norm

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The statement about a norm, that is, the statement that a norm ‘is valid’ or exists, does not describe the relation of the norm to another norm whose validity is presupposed; it does not characterize as ‘good’ or ‘bad’ the norm whose validity it asserts; it asserts the specific existence of its object — without characterizing it. Inasmuch as a norm institutes a value, the statement about a norm implies the statement about the value the norm institutes; it asserts the existence of the value, but not the being-valuable or being-contrary-to-a-value of an object, not the being-good or being-bad of behaviour which agrees or fails to agree with the norm.

Keywords: norm validity; statement validity; factual behaviour; being-good; norms; value

Chapter.  1201 words. 

Subjects: Jurisprudence and Philosophy of Law

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