Chapter

Gerhard Frey's Theory

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/9780198252177.003.0056
Gerhard Frey's Theory

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One attempt to justify the applicability of logical principles to imperatives (norms) claims that there is not only one, but two different statements which ‘correspond’ to, or are ‘correlated’ with, an imperative. Gerhard Frey says: ‘To the imperative “Shut the door!” there corresponds a descriptive sentence “The door is to be shut”, or as one could also formulate it, though not as clearly as far as its logical form is concerned, “Someone commands that the door be shut” or “There is a person who commands that shutting-the-door is an act which is to be carried out” ‘. But Frey also correlates another ‘descriptive sentence’ with an imperative.

Keywords: Gerhard Frey's theory; legal principles; descriptive sentence; imperative; logical form; command

Chapter.  1244 words. 

Subjects: Jurisprudence and Philosophy of Law

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