Chapter

Kelsen Visited

H. L. A. Hart

in Essays in Jurisprudence and Philosophy

Published in print November 1983 | ISBN: 9780198253884
Published online March 2012 | e-ISBN: 9780191681431 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253884.003.0015
Kelsen Visited

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This chapter describes Hans Kelsen's account of ‘ought-statements’. It also discusses Kelsen's expression: ‘Rules of Law in a descriptive sense’; the definition of delict; and the relationship between positive law and morality. It places its focus on the passages taken from General Theory. These passages have entertaining moments. The first such moment was when Kelsen remarked that the dispute observed was of a wholly novel kind because the author did not agree with him. The second came towards the end of the debate, when upon Kelsen, emphasizing in stentorian tones, so remarkable in an octogenarian (or in any one), that ‘Norm was Norm’ and not something else, the author was so startled that he (literally) fell over backwards in his chair.

Keywords: Hans Kelsen; Rules of Law; delict; Positive Law; Morality; General Theory

Chapter.  9500 words. 

Subjects: Jurisprudence and Philosophy of Law

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