By Robert Miner
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Sometimes a repeating norm makes the termination of a norm conditional upon the ____________________ 1 TP, p. 10. 2 GT, pp. 33-5. 3 TP, p. 10 n. 4 Kelsen's modified approach is similar to that part of the general doctrine of speech acts expounded by Strawson in "'Intention and Convention in Speech Acts'", Philosophical Review ( 1964), pp. 456-7, where he refers to the intention 'to further or affect the course of the practice in question'. -62occurrence of a certain event or the lapse of a certain period of time.
The last definition is stated by Bentham among other relations between provisions: Among these mandates there subsists such a relation, that With respect to one another some of them are necessarily repugnant and exclusive; others as necessarily concomitant. . A command . . includes a permission: it excludes both a prohibition and a noncommand. A prohibition includes a non-command and it excludes both a command and a permission. 2 This means that whenever Ca is the law so is NPa, but never Pa or NCa; and whenever Pa is the law so is NCa, but never Ca or NPa.
Some, assuming the transitivity 2 of habitual obedience, expressed their objections by saying that the supreme legislator is not necessarily the one who is ultimately obeyed by the bulk of the population. Discarding the dubious assumption that habitual obedience is in general transitive, one is still forced to accept substantially the same conclusion: A man (or group) may still be the supreme legislator of a system although he habitually obeys some other person (or group) who regularly dictates the laws that the supreme legislator issues, but whose dictates are not laws, even when they are commands.