Results 261 to 270 of about 3,356,126 (305)

Norms, legal

2018
A legal norm sets a standard of behaviour. As a norm, it thus can remain in existence even though it is broken. Norms can be distinguished from causal laws which need to be reinterpreted if an exception is found. Linguistic signals help us determine what the norm is.
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Legal Norms and Legal System

1998
Norm-authorities perform certain acts the result of which is that certain norm-formulations are issued. By attributing meaning to such formulations, we can assess the deontic status of certain actions performed by their addressees or norm-subjects ...
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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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Norms, normative systems, and legal validity

Jurisprudence, 2017
The paper addresses Eugenio Bulygin's legal theory, and in particular his theory of legal norms and legal systems, his theory of ‘legal science’, his theory of legal adjudication, the analysis and development of two different conceptions of the ontology of norms, and fully-fledged conceptions of the logic of norms and the logic of normative ...
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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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Legal Norms Neutralization

ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, 2021
В статье автор пытается обосновать существование такого правового явления, как «нейтрализация норм права», выделяя её характерные черты и раскрывая их. Целью статьи является исследование нейтрализации норм права как правового явления, а задачей - придание характеристики этому явлению и выделение её главных черт.
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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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Legal Forms and Reproductive Norms

Social & Legal Studies, 2003
This article draws on Pashukanis's concept of legal form and on O'Brien's concept of synthetic value to argue that legal form plays a role in reproductive relations by constructing legal subjects as the bearers of reproductive responsibilities.
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A legal approach to norm transfer

2019
Lawyers usually see law through the lens of Kelsen’s hierarchy of norms, in which superior and inferior norms are distinguished, with the latter seen as being necessarily consistent with the former. Increasingly, however, legal transformations argue for thinking outside of Kelsen’s model.
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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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