Prescribir y definir. Cuatro tesis para una teoría de la competencia jurídica
2018
Based on the criticisms raised against Bulyginʼs works on the norms of competence, I shall be arguing for a theory composed of four theses. The first thesis distinguishes two concepts of legal competence, which both belong to a more general sense of competence (not strictly legal). The second thesis holds that the attribution of competence in general sense amounts to a speakerʼs existential normative presupposition, when she makes a normative statement. The third thesis posits the distinction between legal power-conferring rules and procedural rules of legal power. Finally, the fourth thesis maintains that legal power-conferring rules perform a definitional and a deontic function as constitutive rules of legal practice.
Keywords:
- Correction
- Source
- Cite
- Save
- Machine Reading By IdeaReader
1
References
0
Citations
NaN
KQI