Skip to Main content Skip to Navigation
Journal articles

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.
Document type :
Journal articles
Complete list of metadata

https://hal-sciencespo.archives-ouvertes.fr/hal-03415621
Contributor : Spire Sciences Po Institutional Repository Connect in order to contact the contributor
Submitted on : Friday, November 5, 2021 - 12:06:15 AM
Last modification on : Monday, February 14, 2022 - 4:20:02 PM

Identifiers

Collections

Citation

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⟩

Share

Metrics

Record views

16