A Theory of Judicial Norms

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A Theory of Judicial Norms (Teoria della Norma Giuridica) is a book of the italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the juridical norm.

Importance[edit]

Seen by scholars as an important work[1][2] in understanding of a conceptual constructivist approach of the scientific way of thinking law in the new era of the jurisprudence of values, Bobbio's book faces this challenge in six chapters.

Chapters[3][edit]

  1. Law as behavior rule: he shows three theories that lead, according to him, to a unique, non-paradoxical concept system: the regulational one, the instersubjective relationship and the institutional one.
  2. Treats the basic two big thinking schools of the law: the juspositivism and the jusnaturalism.
  3. He approaches the norm in its formal aspect, analyzing propositions, prescriptions, expressions, imperatives, commands and advises.
  4. The imperatives specifically, as well as their relationship with value judgements, permissions and the destinataries of the norm.
  5. Sanctions of the norms (prescribed consequences of their violation); the necessity of sanctions to characterize a norm.
  6. Classsifications of the norms and the sine qua non character of the generalization-abstraction.

Criticism[edit]

"In this book, Bobbio defends a positive philosophy committed to the scientific soul and aganinst metaphysical points of view. Bobbio breaks from jusnaturalists tendencies, considering law as a speech to be submitted to the language analysis, inside the borderlines of a scientific theory, according to the paradigm of the logical positivism"[4]

"Bobbio presents his position about sanctions. According to him, sanction is the response to violation of a law. Analyzing sanction under the point of view of efficacy, the relation between law and force appears. For Kelsen, law exists to regulate force. For Bobbio, sanctions are means to obtain the desirable human behavior. Bobbio emphasizes the positive sanctions (awards) in opposition to repressive ones."[5]

"In this book, Bobbio analyzes the law as rule of behavior, showing a general view and a criticism of the various theories that intend to reveal the concept of law, concluding that, although all the theories are integrated, the normativist one prevails in sense of constituting pressuposed of validity for the other ones"[1]

Bibliography[edit]

  • Bobbio, Norberto. Teoria della Norma Giuridica. Torino:G. Giapichelli, 1958-1993, ISBN 8572833277

See also[edit]

References[edit]

  1. ^ a b Ribeiro, Iara Pereira. "Bobbio, Norberto. Teoria da Norma Jurídica". Universidade Nove de Julho. Retrieved 4 April 2012. 
  2. ^ Filippi, Alberto; Lafer, Celso (2004). A Presença de Bobbio. São Paulo: UNESP. p. 87. ISBN 8571395713. 
  3. ^ Bobbio, 1993
  4. ^ "Teoria da Norma Jurídica". Shvoong - A Fonte Global de Resumos e Críticas. 19 November 2007. Retrieved 4 April 2012. 
  5. ^ "O Pensamento Jurídico de Norberto Bobbio". Ciências Humanas.coml.br. Retrieved 4 April 2012.