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Studies in Legal LogicWhat is a Norm?

Studies in Legal Logic: What is a Norm? Chapter 6 1. INTRODUCTION One of the central notions in legal theory and in legal logic is that of a norm. There are several kinds of entities that might be called norms. The following list contains some examples: − General norms, such as ‘Everybody with an income ought to submit a tax declaration’, or ‘It is forbidden to kill human beings’. − Specific norms such as ‘Margaret must pay Jane €100,-’. − Permissive norms such as ‘It is permitted to smoke in the canteen’. − Assignments of rights, such as ‘Everybody has the right to petition the government’. − Procedural rules, such as ‘A contract is made through offer and acceptance’. − Commands such as ‘Shut the door’. − Technical directives, e.g. in recipe’s such as ‘Take three spoons of sugar’. − Power conferring norms, such as ‘The mayor has the power to make emergency regulations’. − Descriptions of normative situations such as ‘In Belgium one ought to drive on the right hand side of the road’. Because of its central role, it would be desirable if the notion of a norm were clear. Regrettably, however, it is not. There circulate several theories about, and conceptions of norms. 160 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Studies in Legal LogicWhat is a Norm?

Part of the Law and Philosophy Library Book Series (volume 70)
Studies in Legal Logic — Jan 1, 2005
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Publisher
Springer Netherlands
Copyright
© Springer 2005
ISBN
978-1-4020-3517-3
Pages
159 –202
DOI
10.1007/1-4020-3552-7_7
Publisher site
See Chapter on Publisher Site

Abstract

Chapter 6 1. INTRODUCTION One of the central notions in legal theory and in legal logic is that of a norm. There are several kinds of entities that might be called norms. The following list contains some examples: − General norms, such as ‘Everybody with an income ought to submit a tax declaration’, or ‘It is forbidden to kill human beings’. − Specific norms such as ‘Margaret must pay Jane €100,-’. − Permissive norms such as ‘It is permitted to smoke in the canteen’. − Assignments of rights, such as ‘Everybody has the right to petition the government’. − Procedural rules, such as ‘A contract is made through offer and acceptance’. − Commands such as ‘Shut the door’. − Technical directives, e.g. in recipe’s such as ‘Take three spoons of sugar’. − Power conferring norms, such as ‘The mayor has the power to make emergency regulations’. − Descriptions of normative situations such as ‘In Belgium one ought to drive on the right hand side of the road’. Because of its central role, it would be desirable if the notion of a norm were clear. Regrettably, however, it is not. There circulate several theories about, and conceptions of norms. 160

Published: Jan 1, 2005

Keywords: Institutional Fact; Propositional Content; Definite Description; Correspondence Theory; Brute Fact

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