The Application of the Rule of Inference to Norms

Hans Kelsen

in General Theory of Norms

Published in print March 1991 | ISBN: 9780198252177
Published online March 2012 | e-ISBN: 9780191681363 | DOI:
The Application of the Rule of Inference to Norms

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This chapter discusses whether the syllogism of traditional propositional logic is applicable — directly or indirectly — to norms. The question is whether the logical thought-process of the syllogism occurs in morality and in law, that is, in the process of creating and applying morality and law, and not whether it occurs in moral science and legal science. The latter is beyond question (it is obvious), since inferences have their place in all thought-processes, and thus in all sciences, and so in moral and legal science. But the extremely frequent confusion of morality and moral science and of law and legal science obscures the problem and prevents a clear answer being given to the question being considered.

Keywords: rule of inference; syllogism; logical thought-process; moral science; legal science; morality

Chapter.  12842 words. 

Subjects: Jurisprudence and Philosophy of Law

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