David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 19 (2):283-310 (2000)
`Authority', `competence' and other related concepts are determined on the basis of the concept of law as a dynamic order of norms. The norms which regulate the processes of norm creation establish empowerments (Ermächtigungen). The material domain of validity of the empowering norm is called `competence'. The concept of `person' in relation to empowering norms yields the concepts of `organ' and `authority'. The spatial domain of the validity of these norms is the spatial or territorial jurisdiction. This paper analyses the basic norm and its legal functions; it considers the irregularity of legal acts and norms, as well as the legal consequences thereof, namely nullity and annulment. Additionally, the Kelsenian `Tacit Alternative Clause' is criticized and a possible solution to the problem of irregular norms is offered through new definitions of the existence, validity and legitimacy of norms.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Shaun Nichols (2010). Emotions, Norms, and the Genealogy of Fairness. Politics, Philosophy and Economics 9 (3):275-296.
Ryan Burg (2009). Deliberative Business Ethics. Journal of Business Ethics 88 (4):665 - 683.
Frank Dignum (1999). Autonomous Agents with Norms. Artificial Intelligence and Law 7 (1):69-79.
Linda Radzik (2000). Justification and the Authority of Norms. Journal of Value Inquiry 34 (4):451-461.
G. H. von Wright (1983). Norms of Higher Order. Studia Logica 42 (2-3):119 - 127.
Eugenio Bulygin (1992). On Norms of Competence. Law and Philosophy 11 (3):201 - 216.
Pablo E. Navarro & José Juan Moreso (1997). Applicability and Effectiveness of Legal Norms. Law and Philosophy 16 (2):201 - 219.
E. P. & J. J. (1997). Applicability and Effectiveness of Legal Norms. Law and Philosophy 16 (2):201-219.
M. Baurmann (2000). Legal Authority as a Social Fact. Law and Philosophy 19 (2):247-262.
C. Heidemann (2000). The Creation of Normative Facts. Law and Philosophy 19 (2):263-281.
Added to index2009-01-28
Total downloads8 ( #250,895 of 1,699,551 )
Recent downloads (6 months)1 ( #362,609 of 1,699,551 )
How can I increase my downloads?