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The Fundamental Features of Legal Rationality
Author(s) -
GARDIES JEANLOUIS
Publication year - 1988
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1988.tb00017.x
Subject(s) - normative , rationality , epistemology , legal norm , competence (human resources) , function (biology) , sociology , law , psychology , social psychology , political science , philosophy , evolutionary biology , biology
. The aim of this paper is to clarify the logical structure of a code connecting together some distinctions already introduced by different authors: a distinction between primary norms and secondary norms, the latter being implied by the provisions describing institutions in the indicative; a distinction between norms the content of which concerns a state and those the content of which concerns a behaviour which is itself function of several states; a distinction, among the primary norms, of the norms of competence by which a normative power can be delegated to an individual; lastly a distinction between regulative rules and constitutive rules.