The Concept of Norm: A Consideration of the Jurisprudential Views of Hart, Kelsen, and McDougal-Lasswell
52 Temple Law Quarterly 9 (1979)
43 Pages Posted: 14 Jun 2014
Date Written: June 12, 2014
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
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