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General Theory of Norms
The Functions of Norms: Commanding, Permitting, Empowering, Derogating
monograph
Author(s):
Hans Kelsen
Publication date:
March 07 1991
Publisher:
Oxford University Press
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Special feature: Developing an Empowering School Curriculum: A renewed focus on action research
Author and book information
Book Chapter
Publication date:
March 07 1991
Pages
: 96-101
DOI:
10.1093/acprof:oso/9780198252177.003.0025
SO-VID:
951403cc-d5c9-4679-9368-da1f047f3da2
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Book chapters
pp. 1
Norms
pp. 9
Norms and Means–End Relations: Ought and Must—Teleological (Causal) and Normative Necessity—Norms and Ends
pp. 13
Kant's Hypothetical Imperatives—Imperatives of ‘Skill’—Hypothetical and Categorical Imperatives
pp. 16
No Logical Relation between Willing the End and Willing the Means
pp. 19
The General Norms of Positive Morality and Positive Law are always Hypothetical
pp. 22
Natural Laws and Social (Moral and Legal) Laws
pp. 24
Causality and Imputation
pp. 26
Norm-positing Acts: Content and Description—Norms: Validity and Content
pp. 31
Analysis of the Act of Will, of its Meaning and of its Expression
pp. 37
Acts of Commanding, Commands, and Observance of Commands
pp. 42
Recognition and Observance of Norms
pp. 46
The Validity of a Norm and its Observance or Violation
pp. 50
The Objectivity of the Validity of General Norms and of Individual Norms
pp. 52
The Immediate and Mediate Addressees of General Norms of Law and of Morality
pp. 56
Primary and Secondary Legal Norms—Subjective and Objective Observance and Violation of Norms
pp. 58
The Modes of Is and Ought and the Modally Indifferent Substrate
pp. 63
The Denial of the Duality of Is and Ought
pp. 79
Is and Ought in Kant's Philosophy
pp. 83
The Principle of Autonomy—Conscience as Moral Authority
pp. 86
Is and Ought in Hume's Philosophy
pp. 87
Poincaré's Conception of the Relation between Science and Morality
pp. 89
The Object of Norms: Human Behaviour
pp. 92
The Human Behaviour Included in a Norm: External or Internal, Action or Omission, but always Social Behaviour
pp. 94
The Condition and Effect of Human Behaviour as Content of Norms
pp. 96
The Functions of Norms: Commanding, Permitting, Empowering, Derogating
pp. 102
Empowering: Conferring the Power to Posit and Apply Norms
pp. 106
Derogation: The Repeal of the Validity of a Norm by another Norm
pp. 115
Legal Norms and Legal Principles: Esser's Transformation Theory
pp. 123
Conflicts of Norms
pp. 128
Law as a Standard of Value and Law as ‘Teaching’—The Significance of the Judge's Finding of Fact
pp. 131
Positive and Negative Regulation of Human Behaviour by Law—The Closure of the Legal Order: Gaps in the Law
pp. 133
Rights, Duties, and Sanctions
pp. 136
The Concept of Entitlement: The Various Significations of this Word—Rights
pp. 138
Effectiveness, Validity, Positivity
pp. 142
Primary and Secondary Norms—The Difference between Law and Morality
pp. 144
The Spatio-temporal Validity of Norms: Territorial and Temporal Spheres of Validity
pp. 147
The Personal and Material Spheres of Validity
pp. 149
The Expression of the Norm-positing Act—Statements about Norms
pp. 156
Norms which are not the Meaning of Acts of Will? Mally's Theory
pp. 158
The Norms of Morality are not Commands? Manfred Moritz's Theory: ‘Genuine’ and ‘Inauthentic’ Commands and Compliance
pp. 163
Norm and Statement as Different Significations of a Sentence
pp. 166
Thinking and Willing: Their Inter-relationship
pp. 168
Neither the Statement nor the Norm ‘Wants’ Anything
pp. 170
The Truth of a Statement and the Validity of a Norm
pp. 175
The Being-True of a Statement and the Being-Good of Behaviour
pp. 180
The Verifiability of the Truth of a Statement—The Non-verifiability of the Validity of a Norm
pp. 182
The Question ‘What Ought I to Do?’
pp. 184
Statements about the Validity of a Norm and Statements about Factual Behaviour which Agrees with or Contradicts the Norm
pp. 187
Statements about a Norm and Quoting a Norm
pp. 189
The Problem of the Applicability of Logical Principles to Norms
pp. 194
Jørgensen's Theory of the ‘Indicative Factor’ Immanent in an Imperative
pp. 199
Husserl's Theory of the ‘Theoretical Content’ of a Norm
pp. 202
Sigwart's Theory of the Assertion Contained in an Imperative
pp. 203
Dubislav's Theory of the ‘Recasting’ of Requirement-sentences into Assertion-sentences
pp. 206
Hofstadter and McKinsey's Theory of the Analogy between the Satisfaction of an Imperative and the Truth of a Sentence; Alf Ross's Theory of the Parallel between the Observance-value of an Imperative and the Truth-value of a Statement
pp. 208
Gerhard Frey's Theory
pp. 211
The Applicability of the Principle of Contradiction to Norms
pp. 226
The Application of the Rule of Inference to Norms
pp. 252
Logical Problems about Grounding the Validity of Norms
pp. 266
The Logical Structure of a Hypothetical Norm—The Relation of Condition and Consequence
pp. 268
Is There a Specifically ‘Juristic’ Logic?
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