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

Multiple version iconThere are 2 versions of this paper

Date Written: June 1, 2015

Abstract

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

Narváez Mora, Maribel, Expressing Norms. On Norm-Formulations and Other Entities in Legal Theory (June 1, 2015). Revus – Journal for Constitutional Theory and Philosophy of Law (2015) 25. 43-70. Available at SSRN: https://ssrn.com/abstract=2641249

Maribel Narváez Mora (Contact Author)

University of Girona ( email )

Girona, 17071
Spain

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