Norm Individuation: A Passage in Time

Abstract

Being one of the most central subjects in legal philosophy and, simultaneously, one of the less studied, norm individuation regards the possible answers to the following questions (roughly equivalent): what is a single norm and under which conditions is a norm a (complete) unit. Besides addressing the general problems raised by norm individuation and the reasons why it is such a central subject for the understanding of law, this paper analyzes the most significant answers given to date, essentially those by Bentham, Kelsen and Raz (the only legal philosophers that addressed the subject in a detailed and extensive way). Additionally, some insights are made about the principles of norm individuation presented by each one of them and, afterwards, some brief considerations are put forward on the problems the subject currently poses.

Keywords: Norm individuation, Individuators, Structure of norms, Actions-type, Normative systems, Regulation of behavior.

JEL Classification: K19