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4.Duty-Imposing and Power-Conferring Norms
Norms create obligations. Whenever one makes a normative claim about the existence…
It is often emphasized, however, that norms do more than simply obligate. They can…
Now, an important issue is whether duty-imposing and power-conferring norms can exist…
Therefore, the notion of purely duty-imposing norms seems perfectly acceptable. This…
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One may doubt the validity of my claim that there can be purely duty-imposing norms.…
There may be several compatible strategies for responding to this objection. The…
Alternatively, relying on the concepts of being “authorized” or “being conferred…
Lastly, one may rely on the difference between permission in the sense of being expressly…
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Some legal materials definitely look like they are merely conferring powers. This…
In the theory of public law, especially with regard to negative freedoms, it is emphasized…
We can assume that this will be the case with respect to a domain in which the agent…
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Hart categorized his secondary rules as either power-conferring or duty-imposing.…
For a norm to exist, there must be a set of addressees who have reason to conform…
On the other hand, only legal norms belong to legal systems. Only legal norms can…
Elsewhere, I have claimed that there are no purely power-conferring legal norms.…
The above argument does not demonstrate that the addressees of the power-conferring…
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Power-conferring norms sometimes grant the power to create a duty-imposing norm.…
There are cases, however, where a subject is not authorized to create a legal norm,…
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Let me briefly touch upon the application of duty-imposing norms and so-called power-conferring…
Each power-conferring norm has two sine qua non elements: the identity of the power-holder and the content of the power conferred.…
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If legal rules are not necessarily legal norms, then it is possible for a purely…
b.Dworkin’s Distinction, Alexy’s Perspective and Raz’s Critique
II.THE INDIVIDUATION OF LEGAL NORMS
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