Results 171 to 180 of about 46,214 (212)

Sources of Law Are Not Legal Norms

Ratio Juris, 2014
AbstractAnglo‐American authors have paid little attention to a subtle distinction that has important jurisprudential implications. It is the distinction between sources of law (e.g., statutes, precedents, customs) and the legal norms which can be derived from sources by means of interpretation. The distinction might also be rendered as a threefold one,
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Normative conflicts in legal reasoning

Artificial Intelligence and Law, 1992
This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented:
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Norms, normative systems, and legal validity

Jurisprudence, 2017
This collection of essays contains the lifetime work of one of the most prominent legal philosophers – if not the most prominent legal philosopher – of the past 50 years in the civil law tradition....
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Legal Positivism, Law's Normativity, and the Normative Force of Legal Justification

Ratio Juris, 2003
In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral
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Is R2P a Legal Norm?

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Legal Validity and Other Properties of Legal Norms

Abstract In Kelsen’s very influential account, legal validity is the specific mode of existence of legal norms. For this reason, legal validity entails legal applicability and legal bindingness. The chapter intends to show that these notions should be distinguished. It starts with the notion of membership to a legal system: which are the
Moreso, Josep Joan, Ródenas, Ángeles
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The Problems of Legal Normativity and Legal Obligation

SSRN Electronic Journal, 2015
In this essay, I argue that the only account of legal obligation that can succeed is one that holds that legal obligations, by nature, bind by providing prudential reasons (i.e. reasons that appeal to one’s self-interest). Then I consider a number of potentially conflicting views.
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Norms and Normativity in Socio-Legal Research

2014
The aim of this chapter is twofold. First, it examines the relationship between norms and normativity arguing that normativity is generated by the system as well as the lifeworld, and it is not necessarily reducible to the effects or functions of individual norms.
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Norms, normative propositions, and legal statements

1982
Two major events characterize the development of legal philosophy in the decade 1966–1976: first, the increasing interest of legal theorists in deontic logic and the subsequent attempts to capitalize upon the insights achieved by deontic logicians for the clarification of legal reasoning and the analysis of legal concepts;1 second, the powerful attack ...
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DISCUSSION ON LEGAL NORMATIVITY AND LEGAL LANGUAGE

Curentul Juridic/Juridical Current
In addressing this issue, we started from aspects related to religious and moral norms and implicitly those regarding the particularities of the norms of conduct of these non-legal spheres, the depth of which gives them greater durability compared to legal ones.The entire institutionalized activity of legal norming is materialized in the normative acts
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