The structuring method of law as a convincing conception that surpasses methodological ideals

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Luis Quintín Villacorta Mancebo

Abstract

In a different sense from what is propounded by the methodical positivism and from the qualified acceptance of the hermeneutic principles, the Structuring of Law considers that both interpretation and application, strictly speaking, lack autonomy. For the Structuring of Law, the juridical Norm is consequenthy understood as a “product” and the resolution of each case requires a new production of norms until it is submitted as decision Norm.

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Keywords

Methodical positivism; Structuring of Law; Juridical Norm; Decision Norm

How to Cite

The structuring method of law as a convincing conception that surpasses methodological ideals. (2014). Journal of the Cortes Generales, 91, 133-164. https://doi.org/10.33426/rcg/2014/91/810

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