| 书目名称 | Theory of Legal Principles | | 编辑 | Humberto Ávila | | 视频video | | | 概述 | Connects the Anglo-Saxon, the German, and the Spanish/Brazilian discussion in one of the most central issues in legal theory and legal philosophy.Gives a central role to metanorms in legal reasoning w | | 丛书名称 | Law and Philosophy Library | | 图书封面 |  | | 描述 | .This book intends to help understand and apply principles and rules better. Its target is to keep the distinction between principles and rules whereas structuring it on different foundations than those jurisprudence ordinarily employs. The first object of investigation is the phenomenon of interpretation in Law in order to understand that the classification of certain normative species as either principles or rules depends in the first place on axiological connections that are not ready prior to the interpretation process that unveils them. Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order. Thirdly, the conditions for the application of principles and rules are examined, which are the normative applicative postulates. It will be shown, on one hand, that principles not only explicit values, but also set forth precise species of behaviors, though indirectly; on the other hand, the creation of conducts by rules is also to be weighed, even though the behavior set forth in advance may be overcome, depending on the accomplishment of a few requirements. That will surpass both the mere p | | 出版日期 | Book 2007 | | 关键词 | Legal Norms; Legal Reasoning; Principles and Rules; interpretation; jurisprudence; justice; law; will | | 版次 | 1 | | doi | https://doi.org/10.1007/978-1-4020-5879-0 | | isbn_softcover | 978-90-481-7465-2 | | isbn_ebook | 978-1-4020-5879-0Series ISSN 1572-4395 Series E-ISSN 2215-0315 | | issn_series | 1572-4395 | | copyright | Springer Science+Business Media B.V. 2007 |
The information of publication is updating
|
|
发表于 2025-3-21 16:06:59
