Instituting Authority Some Kelsenian Notes成立权威一些凯尔森笔记.pdfVIP

Ratio Juris. Vol. 15 No. 2 June 2002 (206–18) Instituting Authority. Some Kelsenian Notes* BERT VAN ROERMUND Abstract. A rule of recognition for a legal order L seems utterly circular if it refers to behaviour of “officials.” For it takes a rule of recognition to identify who, for L, counts as an official and who does not. I will argue that a Kelsenian account of legal authority can solve the aporia, provided that we accept a, perhaps unorthodox, re- interpretation of Kelsen’s norm theory and his idea of the Grundnorm. I submit that we should learn to see