A Theory of Legal SentencesSpringer Science & Business Media, 1997 M11 30 - 194 páginas Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture. |
Contenido
The explanatory the justificatory and the legitimatory | 19 |
Principles and full compliance | 36 |
What powerconferring rules are | 57 |
REPLY TO OUR CRITICS | 76 |
Are we treating the conceptualist thesis fairly? | 84 |
PERMISSIVE SENTENCES | 90 |
Reformulating the problem | 103 |
Some conclusions | 115 |
The doublefaced character of norms and value judgments | 127 |
Types of norms and types of values | 135 |
THE RULE OF RECOGNITION | 141 |
A host of problems | 147 |
How many rules of recognition? Certainty and penumbra in | 158 |
CLASSIFICATION OF SENTENCES | 175 |
| 183 | |
| 191 | |
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accepted according action rules addressees affairs X obtains Alchourrón and Bulygin Alf Ross AULIS AARNIO authority charrúa conception conditions of application context contra legem course of action criminal norm criteria definitions deontic derogation distinction end rules example exercise existence expression facie fact facultative formulation function ibid implies institutional facts institutional result interests issued Joseph Raz judge judicial decision judicial organs justificatory justified kind legal norms legal order legal sentences legal system legal theory legislator mandatory norms means moral Neil MacCormick normative act normative change normative power normative result obligation obligatory operative reason Peczenik peremptory reason perform permissive norms permitted policies possible power-conferring rules precisely Prieto prohibited provisions question Rafael Hernández Marín reasons for action refers regulative norms respect rule of recognition social Spanish Civil Code Spanish Constitution statute stipulating strict sense supererogatory thesis tion Toro Sentado utilitarian valid value judgments