Expressing Norms. On Norm-Formulations and Other Entities in Legal Theory
Revus – Journal for Constitutional Theory and Philosophy of Law (2015) 25. 43-70
28 Pages Posted: 9 Aug 2015
Date Written: June 1, 2015
La versión española de este artículo se puede encontrar en http://ssrn.com/abstract=2641251
The distinction between norms and norm-formulations commits legal theorists to treating legal norms as entities. In this article, I first explore the path from meaning to entities built by some analytical philosophers of language. Later, I present a set of problems produced by treating norms as entities. Whatever type of entities we deal with calls for a clear differentiation between the identification and individuation criteria of such entities. In the putative case of abstract entities, the differentiation collapses. By changing the notions of the intension and extension of words by extensional and intensional aspects of what we talk about, I outline a methodological programme for Law and Legal Theory. That programme is based in the identification of normativity.
Keywords: norm, norm-formulation, abstract entity, identification and individuation of entities, extensional vs. intensional
Suggested Citation: Suggested Citation