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Theory of Legal PrinciplesMetanorms: Normative Postulates

Theory of Legal Principles: Metanorms: Normative Postulates CHAPTER 3 METANORMS Normative Postulates 3.1. INTRODUCTION The interpretation of any cultural object is subject to some essential condi- tions, without which one cannot even grasp the object. Such essential conditions are called postulates. There are merely hermeneutical postulates, aiming to a general understanding of the Law, and applied postulates, which aim to structure is actual application. Applied normative postulates are direct methodological norms that present the criteria for the application of other norms on the same level as the object of the application. Therefore, they are defined as norms about the application of other norms, i.e. as metanorms. Hence they are said to be second degree norms. In that sense, whenever a normative postulate is presented, there is a methodological guideline for the interpreter concerning the interpretation of other norms. Behind postulates, there are always other norms being applied. They are not the same, however, as other norms that influence norms, such as the superprinciples of the Rule of Law and legal stability. Superprinciples are on the level of the norms which are object of the application. They act on others, but on a semantic and axiological scope and not on methodic scope, as postulates. That explains the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Theory of Legal PrinciplesMetanorms: Normative Postulates

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
83 –132
DOI
10.1007/978-1-4020-5879-0_3
Publisher site
See Chapter on Publisher Site

Abstract

CHAPTER 3 METANORMS Normative Postulates 3.1. INTRODUCTION The interpretation of any cultural object is subject to some essential condi- tions, without which one cannot even grasp the object. Such essential conditions are called postulates. There are merely hermeneutical postulates, aiming to a general understanding of the Law, and applied postulates, which aim to structure is actual application. Applied normative postulates are direct methodological norms that present the criteria for the application of other norms on the same level as the object of the application. Therefore, they are defined as norms about the application of other norms, i.e. as metanorms. Hence they are said to be second degree norms. In that sense, whenever a normative postulate is presented, there is a methodological guideline for the interpreter concerning the interpretation of other norms. Behind postulates, there are always other norms being applied. They are not the same, however, as other norms that influence norms, such as the superprinciples of the Rule of Law and legal stability. Superprinciples are on the level of the norms which are object of the application. They act on others, but on a semantic and axiological scope and not on methodic scope, as postulates. That explains the

Published: Jan 1, 2007

Keywords: Legal Order; Legal Norm; Legal Reasoning; Universal Jurisdiction; Free Initiative

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