Chapter

Jørgensen's Theory of the ‘Indicative Factor’ Immanent in an Imperative

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/9780198252177.003.0051
Jørgensen's Theory of the ‘Indicative Factor’ Immanent in an Imperative

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The content of an imperative (i.e. of the meaning of an act of commanding) is that which is commanded. Danish philosopher Jorgen Jorgensen says: ‘It is not possible to issue a command without commanding something to be done.’ That which is commanded or prescribed in a command or norm is a modally indifferent substrate which appears in a norm in the mode of Ought — i.e. the imperative mood — and not the indicative mood — i.e. as a statement which can be true or false. ‘Is’ and ‘Ought’ are two fundamentally different modes. That which is and that which ought to be — the content of the Is and of the Ought — is a modally indifferent substrate.

Keywords: indicative factor; imperative; Jorgen Jorgensen; substrate; Is and Ought; command

Chapter.  2227 words. 

Subjects: Jurisprudence and Philosophy of Law

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