On the Basic Norm

1959 ◽  
Vol 47 (1) ◽  
pp. 107 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
2007 ◽  
Vol 8 (2) ◽  
pp. 199-204
Author(s):  
Matthias Goldmann

“For, he reasons pointedly, that which must not cannot be:” the last two lines of a famous poem by Christian Morgenstern bring the crux of normativity to the point: what is the relationship between facts and norms? The research of the past decades has increased rather than reduced the complexity of this fundamental question for legal theory. First of all, the relationship between facts and norms is still less than clear. Hans Kelsen had argued that facts and norms were to be clearly separated, but once theGrundnorm(basic norm) had turned out to be fictitious, the search for an appropriate description of the relationship between facts and norms began anew. Positivists after Kelsen based normativity on different facts, such as social acceptance or social discourse. Secondly, research on new modes of governance, in particular in the fields of European and international law, has revealed that behaviour can be influenced by “soft” norms and non-normative forms of governance just as much as by “hard” law. These results prompted some to consider legal normativity a matter of degree instead of an on-off issue.


Religions ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 33
Author(s):  
Menachem Fisch

The book of Job presents a unique and detailed contrastive study of two fundamental and fundamentally opposed religious personae: Job, on the one hand, and the collective image of his friends on the other. It is a normative dispute about the religion’s most basic norm of disposition. How is one to respond to inexplicable disaster when one believes one is blameless? What is the religiously appropriate response to catastrophe? To confront God’s judgment as did Job, or to submissively surrender to it, as his four friends insist he should? Is one supposed to question divine justice when deemed to be wanting, as did Job, or to suppress any thought to the contrary and deem it to be just, come what may? Rather than expound (once again) upon the theological implications of the Job dispute, this paper focuses on its theological-political dimensions, and its looming and vivid, yet largely overlooked presence in the Hebrew Bible’s master narrative; and more specifically, on the marked, if inevitable antinomian nature of the Jobian side to the divide.


1977 ◽  
Vol 79 ◽  
pp. 26-37

The critical assumption for this forecast is that relating to pay policy when Stage Two expires in July. At the time of writing (early February), formal negotiations have not yet begun. Preliminary positions have, however, been taken up, and it seems clear that the gap between the hopes of the Government and the aims of the trade unions is much wider than at the comparable point in the Stage Two negotiations. Both the Labour Party conference and the Trade Union Congress last autumn passed motions which called for priority to be given, when Stage Two ended, to four factors in the next stage. These were the restoration of satisfactory differentials and the correction of anomalies and inequities, an emphasis on the improvement of the position of the low-paid, the consolidation of Stage One and Two increases into basic rates for the calculation of overtime, piece-work and shift payments, and provision for productivity agreements. Almost independently of the agreed basic norm, a liberal interpretation of these demands could lead to rises in average earnings in excess of 20 per cent. On the other hand, the majority of trade unionists seem to accept the need for continued restraint, though stressing that there is an imperative need for greater flexibility in Stage Three.


1996 ◽  
Vol 44 (3) ◽  
pp. 505-516 ◽  
Author(s):  
Howard Caygill ◽  
Alan Scott
Keyword(s):  

Author(s):  
I. V. Lyskova

Experiments were conducted in 2008.2015 in Kirov region. Effectiveness of liming, input of nitric (N90 kg/ha of acting matter) and increasing dozes of phosphoric fertilizers (50, 100, 150, and 200 kg/ha of acting matter) in complex with nitric-potassium fertilizers (90 kg/ha of acting matter each) on agronomical parameters of soil, productivity and grain quality of winter rye, spring wheat and oat was studied on stationary field experiment. In variant without liming and fertilizing significant acidification of soil was taken place (pH 3.9, Al 9.5 mg/100 g of soil) in compare with initial values (pH 4.5...4.7). Inputting N90P100-200K90 leads to increase in exchangeable and hydrolytic acidity, content of mobile aluminum (up to 13.6.15.4 mg/100 g, and phosphorus (up to 156.209 mg/kg on non-liming and 147.248 mg/kg on liming backgrounds at phosphorus concentration in soil solution 0.56.0.68 and 0.75.1.39 mg/l correspondingly). On the liming-free background, productivity of winter rye was in average 1.92, oat - 3.90, and wheat - 2.26 t/ha; liming increased productivity on 15.27, 13.29, and 16.32% correspondingly. Nitric fertilizers had significant influence in forming of addition yield. In variant N90 on the liming background 1.15 t/ha of winter rye grain, 1.6 t/ha of oat, and 0.78 t/ ha of wheat was gathered additionally and the highest recoupment of fertilezers with grain (12.6, 17.8, and 8.7 kg) was reached. Maximal levels in productivity of cereals obtained in variants with NPK input; tendency to increase in productivity because of increasing dozes of super-phosphate is marked on liming-free background. Nitric fertilizers significantly influenced on content of nitrogen, raw protein and gluten in spring wheat grain; correlation is marked between spring wheat productivity and content of raw protein (r = 0.79) and gluten (r = 0.78) in grain. Test weight of all crops was higher then basic norm independent on fertilizers input.


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