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General Theory of Norms$
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Hans Kelsen

Print publication date: 1991

Print ISBN-13: 9780198252177

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198252177.001.0001

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Husserl's Theory of the ‘Theoretical Content’ of a Norm

Husserl's Theory of the ‘Theoretical Content’ of a Norm

(p.199) 52 Husserl's Theory of the ‘Theoretical Content’ of a Norm
General Theory of Norms

Hans Kelsen

Oxford University Press

What Jorgensen calls the ‘indicative factor’ contained in a command, Edmund Husserl calls the ‘theoretical content’ of a norm. He says of every practical discipline that ‘its rules [i.e. norms] must have a theoretical content separable from the notion of normativity (of the “shall” or “should”).’ The norm ‘An A should be B’ is ‘identical’ with, or ‘at least’ equivalent to, the sentence ‘Only an A which is a B is a good A’. He calls this a purely ‘theoretical’ sentence and claims that the norm ‘implies’ this theoretical sentence. Thus, according to Husserl, the ‘normative’ sentence ‘An A should be B’ expresses ‘normativity’; in other words, this sollen-sentence is a norm.

Keywords:   Edmund Husserl, theoretical content, indicative factor, command, sollen-sentence, normativity

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