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'Basic norm ' (German: Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system.
The latter was translated into English in 1967 as Pure Theory of Law. [1] The title is the name of his general theory of law, Reine Rechtslehre . Kelsen began to formulate his theory as early as 1913, as a "pure" form of "legal science" devoid of any moral or political, or at a general level sociological considerations.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations.Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time.
He estimates that the theory and practice of English-language translation had been dominated by submission, by fluent domestication. He strictly criticized the translators who in order to minimize the foreignness of the target text reduce the foreign cultural norms to target-language cultural values.
In a simple society, Hart states, the recognition rule might only be what is written in a sacred book or what is said by a ruler. Hart claimed the concept of rule of recognition as an evolution from Hans Kelsen's ' basic norm ' (German: Grundnorm). The Rule of Change, the rule by which existing primary rules might be created, altered or deleted.
Pacta sunt servanda [1] ("agreements must be kept.") is a brocard and a fundamental principle of law which holds that treaties or contracts are binding upon the parties that entered into the treaty or contract. [2]
Logo in 2017 Vollständiges Orthographisches Wörterbuch der deutschen Sprache, first edition by Konrad Duden (1880). The Duden (German pronunciation: ⓘ) [1] [2] is a dictionary of the Standard High German language, first published by Konrad Duden in 1880, and later by Bibliographisches Institut GmbH, which was merged into Cornelsen Verlag in 2022.
The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.