Showing papers in "William and Mary law review in 1969"

The Normative Theory of Law

Abstract: norms affect a variable number of obligated subjects and subject matters which may arise many times. Concrete norms affect only one obligated subject and a subject matter which may arise only once. This antinomy is necessarily relative and the same norm may appear as abstract in relation to another more concrete norm, and as concrete in relation to another more abstract norm. Original norms do not derive their validity from another norm; secondary norms, on the other hand, derive their validity from another norm. This concept is necessarily correlative, i.e., the same norm may appear as original (primary) in relation to another, lower, relatively secondary norm, and as secondary in relation to another, higher, relatively primary norm. This concept leads to the further concept of hierarchy of norms. [Vol. 11: 151 9 NORMATIVE THEORY OF LAW individual norms or groups of norms. Groups of norms are formed by a varying number of individual norms which, looked upon as a whole, constitute a unit or system. Examples of such units are the totality of valid norms within a given religion, or the totality of norms pertaining to ethics, or the entire legal system of a state. In all these cases there must be a criterion according to which individual norms are grouped together so as to form a unit. Basically there are two such criteria, the formal and the material. According to the formal criterion, all norms that are related as to, form are grouped together. All norms given by a particular normgiver" may form a unit regardless of their contents.