PHIL 348 Lecture Notes - Basic Norm, Desuetude, Syllogism
8 Oct 2012
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Law a system of norms that regulate the behaviour of men. The reason for the validity of a norm the reason why the norm ought to be obeyed. A descriptive statement cannot spawn a normative statement (hume). The mere fact that somebody commands something is no reason to regard the command as a valid norm (15). Only a competent authority can create valid norms; and such competence can only be based on a norm that authorizes the issuing of norms. The authority authorized to issue norms is subject to that norm in the same manner as the individuals are subject to the norms issued by the authority (15). This process, therefore, must end with a norm which, as the last and highest, is presupposed. It must be presupposed because it cannot be "posited" (16). The reason for the validity of a legal order. Therefore any kind of content might be law (16).
