The Normative Permission and Legal Utterances
نویسندگان
چکیده
منابع مشابه
Norms, Normative Utterances, and Normative Propositions
It is argued that the distinction between the normative and the descriptive interpretation of norm sentences can be regarded as a distinction between two kinds of utterances. A norm or a directive has as its content a normative proposition. A normative (performative) utterance of a normative proposition in appropriate circumstances makes the proposition true, and an assertive (descriptive) utte...
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Positive and normative legal theory often seem to have little to do with one another. Part I describes the disconnect and suggests that it arises from two sources: the gap between fact and value, and the gap between external and internal perspectives on law. In the following Parts, I lay out a repertoire of strategies and mechanisms for connecting positive and normative legal theory. Part II ex...
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In 1935, the Nazi government introduced what came to be known as the abrogation of the prohibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of punishment according to the ‘sound perception of the people’ and an ‘underlying principle’ of an existing criminal statute. ...
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ژورنال
عنوان ژورنال: Studia Humana
سال: 2020
ISSN: 2299-0518
DOI: 10.2478/sh-2020-0037