A norm is the idea of a correct procedure. A correct procedure means one
that corresponds either to the final purpose of all human procedure
(unconditionally correct procedure,--for instance, respect for another's
life), or at any rate to some accidental purpose (conditionally correct
procedure,--for instance, the skilled handling of a picklock). And the
idea of a correct procedure means that the unconditionally or
conditionally correct procedure is to be thought of not as a fact but as
a task, not as something real but as something to be realized; it does
not mean that I shall in fact spare my enemy's life, but that I am to
spare it--not how the thief really did use the picklock, but how he
should have used it. The idea of a correct procedure is what we
designate as an "ought": when I think of an "ought," I think of what has
to be done in order to realize either the final purpose of all human
procedure or some accidental personal purpose. All passing of judgment
on past procedure is conditioned upon the idea of a correct
procedure--only with regard to this idea can past procedure be described
as good or bad, expedient or inexpedient; and so is all deliberation on
future procedure--only with regard to this idea does one inquire whether
it will be right, or at any rate expedient, to proceed in a given
manner.
Every legal norm represents a procedure as correct, declares that it
corresponds to a particular purpose. And it represents this correct
procedure as an idea, designates it not as a fact but as a task, does
not say that any one does proceed so but that one is to proceed so.
Hence a legal norm is a norm.
2. A legal norm is a norm based on a human will.
A norm based on a human will is a norm by virtue of which one must
proceed in a certain way in order that he may not put himself in
opposition to the will of some particular men, and so be apprehended by
the power which is at the service of these men. Such a norm, therefore,
represents a procedure only as conditionally correct; to wit, as a means
to the end (which we are perhaps pursuing or perhaps despising) of
remaining in harmony with the will of certain men, and so being spared
by the power which serves this will.
Every legal norm tells us that we must proceed in a certain way in order
that we may not contravene the will of some particular men and then
suffer under their power. Therefore it represents a procedure only as
conditionally correct, and instructs us not as to what is good but only
as to what is prescribed. Hence a legal norm is a norm based on a human
will.
3. A legal norm is a norm based on the fact that men will to have a
certain procedure for themselves and others.
Public-domain text, read in full here on John Shaqi.
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