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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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The Application of the Rule of Inference to Norms

The Application of the Rule of Inference to Norms

(p.226) 58 The Application of the Rule of Inference to Norms
General Theory of Norms

Hans Kelsen

Oxford University Press

This chapter discusses whether the syllogism of traditional propositional logic is applicable — directly or indirectly — to norms. The question is whether the logical thought-process of the syllogism occurs in morality and in law, that is, in the process of creating and applying morality and law, and not whether it occurs in moral science and legal science. The latter is beyond question (it is obvious), since inferences have their place in all thought-processes, and thus in all sciences, and so in moral and legal science. But the extremely frequent confusion of morality and moral science and of law and legal science obscures the problem and prevents a clear answer being given to the question being considered.

Keywords:   rule of inference, syllogism, logical thought-process, moral science, legal science, morality

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