Notes . Discussion . Book reviews Hans Kelsen on Norm and language

Ratio Juris 19 (1):101-126 (2006)
Download Edit this record How to cite View on PhilPapers
This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is said to rest with norms, this existence is very different than an existence constituted from social behaviour. Instead, in Kelsen’s view, a norm is a signifying relation between a sign and a cognitive object. Kelsen’s theory of language, however, is very different from a theory of speech acts. When addressing why a norm is binding, we find that Kelsen’s full theory of language excludes important phenomena in order to retain its purity.
PhilPapers/Archive ID
Revision history
Archival date: 2018-05-10
View upload history
References found in this work BETA
Truth and Method.Gadamer Hans-Georg,

View all 21 references / Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index

Total views
75 ( #37,348 of 50,193 )

Recent downloads (6 months)
7 ( #45,590 of 50,193 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.