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Theory of Legal PrinciplesNorms: Principles and Rules

Theory of Legal Principles: Norms: Principles and Rules CHAPTER 2 NORMS Principles And Rules 2.1. FIRST DISTINCTIONS 2.1.1. Text and Norm Norms are neither text nor a set of texts, but the meanings construed from the systematic interpretation of normative texts. Therefore, one can say that provisions are the object of interpretation and norms are its result. What matters is that there is no correspondence between norm and provision in the sense that where there is a provision there is a norm, or that where there is a norm there is a provision to support it. In some cases, there is a norm, but no provision. Which provision set forth the principles of legal stability and certainty of decisions? None. So, there are norms even without specific provisions to support them physically. In other cases, there is a provision, but there is no norm. Which norm can be construed from the constitutionally stated protection of God? None. So, there are provisions from which no norm is construed. In other cases, there is only one provision from which more than one norm is construed. A good example is the prescriptive statement that requires a statute to create or increase taxes, which derives the principle of statutory legality, the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Theory of Legal PrinciplesNorms: Principles and Rules

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
5 –82
DOI
10.1007/978-1-4020-5879-0_2
Publisher site
See Chapter on Publisher Site

Abstract

CHAPTER 2 NORMS Principles And Rules 2.1. FIRST DISTINCTIONS 2.1.1. Text and Norm Norms are neither text nor a set of texts, but the meanings construed from the systematic interpretation of normative texts. Therefore, one can say that provisions are the object of interpretation and norms are its result. What matters is that there is no correspondence between norm and provision in the sense that where there is a provision there is a norm, or that where there is a norm there is a provision to support it. In some cases, there is a norm, but no provision. Which provision set forth the principles of legal stability and certainty of decisions? None. So, there are norms even without specific provisions to support them physically. In other cases, there is a provision, but there is no norm. Which norm can be construed from the constitutionally stated protection of God? None. So, there are provisions from which no norm is construed. In other cases, there is only one provision from which more than one norm is construed. A good example is the prescriptive statement that requires a statute to create or increase taxes, which derives the principle of statutory legality, the

Published: Jan 1, 2007

Keywords: Legal Order; Legal Norm; Normative Description; Concrete Case; Constitutional Rule

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