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La théorie des normes de compétence d’Alf Ross

Abstract : Alf Ross wanted his legal theory to be a “genuinely” realist one, i.e. capable, firstly, to dissolve some problems of both Kelsenʼs normativist theory and the American realist theory and, secondly, to reconstruct their discourses in a scientific way. The originality of his attempt lies in his concept of norms of competence which he analyses, before others (and including Searle) as “constitutive rules”. Contrary to what many commentators claimed, such a concept of constitutive norm does not contradict his realist theory. In the light of his first writings, norms of competence can be considered as rationalizations able to express the predisposition of the addressees of norms to recognize certain special facts as law. Consequently, Ross can be seen as a precursor of postpositivism.
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Guillaume Tusseau. La théorie des normes de compétence d’Alf Ross. Les Annales de droit, Publications des universités de Rouen et du Havre, 2010, pp.301 - 329. ⟨hal-03415621⟩



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