The Concept of Norm: A Consideration of the Jurisprudential Views of Hart, Kelsen, and McDougal-Lasswell

52 Temple Law Quarterly 9 (1979)

U of Houston Law Center No. 2014-A-40

43 Pages Posted: 14 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: June 12, 2014

Abstract

This article addresses the concept of norm and which of three jurisprudential orientations is more helpful in identifying how a norm comes into being, what the content of a norm is, and how a norm operates within legal and social processes. The comparative inquiry addresses jurisprudential approaches of Hart, Kelsen, and McDougal-Lasswell. There are also sections on truth, meaning, and value; the “is” and the “ought”; and social change and realism.

Keywords: acceptance, authority, choice, content, context, dynamic, expectations, Hart, internal aspect, jurisprudence, Kelsen, law, McDougal, meaning, morality, norm, policy, Positivism, process, realism, Realist, rule, scientific, social process, validity

Suggested Citation

Paust, Jordan J., The Concept of Norm: A Consideration of the Jurisprudential Views of Hart, Kelsen, and McDougal-Lasswell (June 12, 2014). 52 Temple Law Quarterly 9 (1979), U of Houston Law Center No. 2014-A-40, Available at SSRN: https://ssrn.com/abstract=2449362

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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