Chapter

The Logical Structure of a Hypothetical Norm—The Relation of Condition and Consequence

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/9780198252177.003.0060
The Logical Structure of a Hypothetical Norm—The Relation of Condition and Consequence

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General norms are hypothetical, that is, they attach a generally specified consequence decreed to be obligatory to a generally specified condition. But individual norms can also be hypothetical. This is true particularly of legal norms. As has already been mentioned, a court can decide ‘If within three weeks of the coming into force of this decision Maier does not pay Schulze the 1,000 due to him, execution is to be carried out upon his property.’ Or ‘If within three years of this decision Maier is found guilty of a punishable delict, he is to be imprisoned for three years beyond the punishment inflicted on him for the delict.’ There thus arises the problem of the conditional norm.

Keywords: individual norm; legal norm; general norms; punishment; conditional norm; logical structure

Chapter.  721 words. 

Subjects: Jurisprudence and Philosophy of Law

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