Commands and counsels (1961)

This paper builds upon earlier work that explored differing attitudes toward the legal effects of certain types of rules widely recognized as legal, yet not readily classifiable as commands or judgments. These include, for example, the programmatic norms of constitutions, directives of public law, and recommendations in international law. The previous analysis concluded that, in cases where an international recommendation produces no consequence beyond the disapproval of member states or the reiteration of the recommendation itself, the concept approaches the boundary of counsel. The present study advances this inquiry by examining more closely the distinction between command and counsel, seeking to clarify their respective roles and limits within the framework of legal theory.