Sources of Law Are not Legal Norms

Ratio Juris 28 (1):15-30 (2015)
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Abstract

Anglo-American authors have paid little attention to a subtle distinction that has important jurisprudential implications. It is the distinction between sources of law and the legal norms which can be derived from sources by means of interpretation. The distinction might also be rendered as a threefold one, separating sources of law from legal norms and both of these from that which mediates their relation, namely, methods of legal interpretation. This paper intends to state the “source-norm” distinction clearly and to give examples of jurisprudential insights that are missed, and mistakes that may be made if the distinction is not given its due

Other Versions

reprint Shecaira, Fábio Perin (2024) "Sources of Law Are Not Legal Norms". In Shecaira, Fábio Perin, Legal Scholarship as a Source of Law, pp. 93-107: Springer Nature Switzerland (2024)

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Author's Profile

Fabio P. Shecaira
Federal University Of Rio De Janeiro

References found in this work

Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
The Concept of Law.Hla Hart - 2012 - Oxford, United Kingdom: Oxford University Press UK. Edited by Joseph Raz & Penelope A. Bulloch.
Natural Law and Natural Rights.John Finnis - 2011 - New York: Oxford University Press UK.
Taking Rights Seriously.Ronald Dworkin - 1979 - Ethics 90 (1):121-130.

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