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Theory of Legal PrinciplesConclusions

Theory of Legal Principles: Conclusions CHAPTER 4 1. The distinction between normative species, concerning its possible use in the application process, may be developed from their up-front meaning. Thus, the preliminary meaning of provisions can take a dimension that is immediately behavioral (rule), finalistic (principle) and/or methodical (postulate). 2. Rules are immediate descriptive norms, primarily past regarding, and expect to be decisive and broad, whose application requires an assessment of correspondence, always centered on the end that supports it and on the principles that are axiologically overlying to it, between the conceptual construction of the normative description and the conceptual construction of facts. 3. Principles are immediate finalistic norms, primarily future regarding, and expect to be complementary and partial, whose application requires an assessment of the correlation between the state of affairs to be promoted and the effects of the conduct considered necessary to such promotion. 4. Rules can be distinguished from principles regarding the way they describe a behavior. Rules are immediately descriptive norms, as they set forth obligations, permissions and prohibitions by describing the conduct to be followed. Principles are immediately finalistic norms, as they set forth a state of affairs whose gradual advancement depends on the effects of the adoption of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Theory of Legal PrinciplesConclusions

Part of the Law and Philosophy Library Book Series (volume 81)
Editors: Ávila, Humberto
Ávila, Humberto
Theory of Legal Principles — Jan 1, 2007
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Publisher
Springer Netherlands
Copyright
© Springer 2007
ISBN
978-1-4020-5878-3
Pages
133 –135
DOI
10.1007/978-1-4020-5879-0_4
Publisher site
See Chapter on Publisher Site

Abstract

CHAPTER 4 1. The distinction between normative species, concerning its possible use in the application process, may be developed from their up-front meaning. Thus, the preliminary meaning of provisions can take a dimension that is immediately behavioral (rule), finalistic (principle) and/or methodical (postulate). 2. Rules are immediate descriptive norms, primarily past regarding, and expect to be decisive and broad, whose application requires an assessment of correspondence, always centered on the end that supports it and on the principles that are axiologically overlying to it, between the conceptual construction of the normative description and the conceptual construction of facts. 3. Principles are immediate finalistic norms, primarily future regarding, and expect to be complementary and partial, whose application requires an assessment of the correlation between the state of affairs to be promoted and the effects of the conduct considered necessary to such promotion. 4. Rules can be distinguished from principles regarding the way they describe a behavior. Rules are immediately descriptive norms, as they set forth obligations, permissions and prohibitions by describing the conduct to be followed. Principles are immediately finalistic norms, as they set forth a state of affairs whose gradual advancement depends on the effects of the adoption of

Published: Jan 1, 2007

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