Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Legal OrderGenetic-Topological Norm-Relations

The Legal Order: Genetic-Topological Norm-Relations [This chapter studies genetic-topological norm-relations, which are defined as relations between a basic rule (e.g., a rule expressed in a statutory provision) and a rule of application (an interpretation (in a wide sense) derived from the basic rule to the description of a case a judge has to decide). The sphere of operative facts of a rule is called F-set and the facts normatively modalised in the legal consequence of a rule are called N-set. On each of those sets we can perform set-theoretical operations, and their result will be different set-theoretical relations between sets. By means of such set-theoretical relations, 16 possible genetic-topological relations between a basic rule and a rule of application are introduced, which are called the spectrum of a rule (different kinds of precisations and analogies). Sixteen additional genetic-topological relations are defined as the antithetic spectrum of a rule, because the normative modality in the legal consequence of the basic rule is in the rule of application changed to an opposite modality: from permission or obligation to prohibition, or from prohibition to permission or obligation (different kinds of e contrario-relations and reductions, i.e., the judge making an exception from a clear basic rule rule). For example, an antithetic relation holds between the rule “On this road cycling is permitted” and the basic rule “On this road motor traffic is forbidden”. By means of this conceptual framework also concepts like “obsolescence” and “extensive and restrictive interpretation” are defined.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Legal OrderGenetic-Topological Norm-Relations

Part of the Law and Philosophy Library Book Series (volume 123)
Frändberg, Åke
The Legal Order — Aug 17, 2018
Download PDF
13 pages

Loading next page...
 
/lp/springer-journals/the-legal-order-genetic-topological-norm-relations-KYHj4j50Fm

References (1)

Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG, part of Springer Nature 2018
ISBN
978-3-319-78857-9
Pages
139 –152
DOI
10.1007/978-3-319-78858-6_8
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter studies genetic-topological norm-relations, which are defined as relations between a basic rule (e.g., a rule expressed in a statutory provision) and a rule of application (an interpretation (in a wide sense) derived from the basic rule to the description of a case a judge has to decide). The sphere of operative facts of a rule is called F-set and the facts normatively modalised in the legal consequence of a rule are called N-set. On each of those sets we can perform set-theoretical operations, and their result will be different set-theoretical relations between sets. By means of such set-theoretical relations, 16 possible genetic-topological relations between a basic rule and a rule of application are introduced, which are called the spectrum of a rule (different kinds of precisations and analogies). Sixteen additional genetic-topological relations are defined as the antithetic spectrum of a rule, because the normative modality in the legal consequence of the basic rule is in the rule of application changed to an opposite modality: from permission or obligation to prohibition, or from prohibition to permission or obligation (different kinds of e contrario-relations and reductions, i.e., the judge making an exception from a clear basic rule rule). For example, an antithetic relation holds between the rule “On this road cycling is permitted” and the basic rule “On this road motor traffic is forbidden”. By means of this conceptual framework also concepts like “obsolescence” and “extensive and restrictive interpretation” are defined.]

Published: Aug 17, 2018

There are no references for this article.