Legal Norm as Command Cover Image

Norma kao imperativ
Legal Norm as Command

Author(s): Dušan Vranjanac
Subject(s): History of Law, Sociology of Law
Published by: Institut za uporedno pravo
Keywords: Legal norms; commands; Hans Kelzen;

Summary/Abstract: During the long history of legal theory legal norms were often construed as commands. This gave rise to the so-called command theory of law propounded not only be legal positivists but also by adherents of natural law. The author attempts to discern different meanings this theory may have and then offers some critical observations regarding this theory, especially those given by Hans Kelsen and H.L.A. Hart. In the conclusion the author states that the problem has been somewhat overrated, and that the conception of norm as a command or as a logical proposition depends not upon some inherent characteristic of the law but upon the model each author uses.

  • Issue Year: 2010
  • Issue No: 2
  • Page Range: 7-24
  • Page Count: 18
  • Language: Serbian