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Passerini Glazel, Lorenzo

Norme vissute e norme meramente pensate : noema deontico ed esperienza normativa in Kelsen, Weber, Petrażycki e Weinberger

2018 - Franco Angeli

7-28 p.

  • Experienced norms and merely thought norms: Deontic noema and normative experience in elsen, Weber, Petrazycki and Weinberger. In opposition to a widespread notion of effectiveness, ax Weber and Hans Kelsen claim that the very idea of the norm (Normvorstellung) is effective (wirksam) on one's behaviour, rather than the norm itself. In what sense, though, one can have an idea of the norm? The author confronts this question through the concept of deontic noema and draws a distinction between the lived normative experience of a norm - here investigated through Leon Petrazycki's psychological analysis of normative experience - and the mere knowledge of the norm (Ota Weinberger), or the merely thought norm (Hans Kelsen). The analysis of norms in terms of deontic noemata can shed light on those contexts where norms are applied, which do not correspond to linguistic entities or to expressly enacted laws. [Publishers' text].

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Sociologia del diritto : 1, 2018