How to Find Legal Rules? A Revisión of Ontology from the Identification

Authors

  • Sebastián Agüero-SanJuan

DOI:

https://doi.org/10.5347/49.2018.21

Keywords:

ontology of the norms, identification of law, conceptual constraints, normative conflicts, express repeal

Abstract

If theory of law seeks to provide legal practitioners with tools to manage problems of practice, it is necessary to diminish the current distinction between the theoretical-legal activity and the practice of law. In this context, this piece of work expects to contribute to reduce such distance through the analysis of the main proposals in terms of ontology of the norms. This review is developed in the light of a widespread problem of the contemporary legal systems: the identification of law and its conceptual constraints. The review signifies certain concomitances between the theoretical proposals and introduces a number of considerations needed to identify the lawand, in particular, to help solve the aforementioned problem. In this manner, it is suggested to focus the discussion on the ontology of the norms towards their identification and evaluate the theoretical-legal discussions based on the requirements of the normative practice.

Published

2018-10-31

How to Cite

Agüero-SanJuan, S. (2018). How to Find Legal Rules? A Revisión of Ontology from the Identification. Isonomía - Revista De teoría Y filosofía Del Derecho, (49), 3–44. https://doi.org/10.5347/49.2018.21

Issue

Section

Research Articles