Chapter

Legal Systems as Systems of Norms

Joseph Raz

in The Concept of a Legal System

Second edition

Published in print July 1980 | ISBN: 9780198253631
Published online March 2012 | e-ISBN: 9780191681417 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253631.003.0007
Legal Systems as Systems of Norms

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The first section of this chapter attempts to extract from Kelsen's work a coherent imperative theory of norms, and in the second section to disentangle it from elements in his theory which we consider unsatisfactory and, indeed, unnecessary; in particular from his doctrine of a non-positive basic norm. The third section presents the general requirements that every set of adequate principles of individuation must satisfy, as a preliminary to an account, in the fourth and fifth sections, of two important types of laws and other modifications in the imperative theory of norms needed to permit their recognition as distinct types of legal norms.

Keywords: Kelsen; imperative theory of norms; legal system; legal theory; individuation principles

Chapter.  18701 words.  Illustrated.

Subjects: Jurisprudence and Philosophy of Law

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