The Concept of Norm: Toward a Better Understanding of Content, Authority, and Constitutional Choice
53 Temple Law Quarterly 226 (1980)
33 Pages Posted: 14 Jun 2014
Date Written: 1980
This companion article on the concept of norm explores in greater detail several aspects of the post-Realist McDougal-Lasswell jurisprudence and has sections addressing more general questions regarding normative content and authority, gaps and ambiguities, political questions, further comparisons (e.g., with Fuller, Cohen, Kelsen, Weinreb, and other positivists), and the ultimately unavoidable majority-minority dilemma with respect to value-oriented choice concerning normative content.
Keywords: ambiguity, authority, choice, common interest, community, Constitution, content, democratic, dynamic, elites, expectation, Fuller, judicial, jurisprudence, Lasswell, McDougal, majority-minority dilemma, meaning, norm, policy-serving, process, realistic, review, supplementation, values
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