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Conflict of legal norms: definition and varieties

Lindahl, Lars LU and Reidhav, David LU (2015) In Logic in the theory and practice of lawmaking p.49-95
Abstract
As emphasized by Jeremy Bentham and the analytical school, logical consistency is a requirement for rational legislation. For understanding consistency between norms, a logical scrutiny of normative conflicts is needed. In our paper, a framework for the fine structure of such conflicts is introduced and explained. “Normative conflict” is defined relative the framework and different types of conflict distinguished. The framework consists of a formal language in which norms of a legal system can be represented, accompanied by a set of logical rules and general principles. These rules and principles are such that their application to sentences describing the contents of a legal system discloses conflicts within legal systems. Important... (More)
As emphasized by Jeremy Bentham and the analytical school, logical consistency is a requirement for rational legislation. For understanding consistency between norms, a logical scrutiny of normative conflicts is needed. In our paper, a framework for the fine structure of such conflicts is introduced and explained. “Normative conflict” is defined relative the framework and different types of conflict distinguished. The framework consists of a formal language in which norms of a legal system can be represented, accompanied by a set of logical rules and general principles. These rules and principles are such that their application to sentences describing the contents of a legal system discloses conflicts within legal systems. Important elements in legislation are capacitative norms, relating to legal power, or “legal competence,” to achieve a valid legal result by an act–in–the–law (for example a promise, a conveyance, or a judicial decision). The analysis encompasses conflicts between deontic norms relating to obligations and permissions, on one hand, and norms relating to legal power, on the other. The analysis is applicable both to conflicts within a national legal system and to supranational normative conflicts, for example conflicts between national law and EU law. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
normative proposition, legal Power, compliance conflict, contradiction, allmän rättslära, jurisprudence, normative logic, normative conflict, conflict of legal norms, normative systems, deontic logic
in
Logic in the theory and practice of lawmaking
editor
Araszkiewicz, Michal and Pleszka, Krzysztof
pages
49 - 95
publisher
Springer
ISBN
978-3-319-19575-9
DOI
10.1007/978-3-319-19575-9
language
English
LU publication?
yes
id
1076bc29-d0ae-4ad9-8ff6-c40a00e734ed (old id 8163938)
date added to LUP
2015-11-13 14:25:50
date last changed
2016-04-16 09:53:25
@misc{1076bc29-d0ae-4ad9-8ff6-c40a00e734ed,
  abstract     = {As emphasized by Jeremy Bentham and the analytical school, logical consistency is a requirement for rational legislation. For understanding consistency between norms, a logical scrutiny of normative conflicts is needed. In our paper, a framework for the fine structure of such conflicts is introduced and explained. “Normative conflict” is defined relative the framework and different types of conflict distinguished. The framework consists of a formal language in which norms of a legal system can be represented, accompanied by a set of logical rules and general principles. These rules and principles are such that their application to sentences describing the contents of a legal system discloses conflicts within legal systems. Important elements in legislation are capacitative norms, relating to legal power, or “legal competence,” to achieve a valid legal result by an act–in–the–law (for example a promise, a conveyance, or a judicial decision). The analysis encompasses conflicts between deontic norms relating to obligations and permissions, on one hand, and norms relating to legal power, on the other. The analysis is applicable both to conflicts within a national legal system and to supranational normative conflicts, for example conflicts between national law and EU law.},
  author       = {Lindahl, Lars and Reidhav, David},
  editor       = {Araszkiewicz, Michal and Pleszka, Krzysztof},
  isbn         = {978-3-319-19575-9},
  keyword      = {normative proposition,legal Power,compliance conflict,contradiction,allmän rättslära,jurisprudence,normative logic,normative conflict,conflict of legal norms,normative systems,deontic logic},
  language     = {eng},
  pages        = {49--95},
  publisher    = {ARRAY(0xc3b4580)},
  series       = {Logic in the theory and practice of lawmaking},
  title        = {Conflict of legal norms: definition and varieties},
  url          = {http://dx.doi.org/10.1007/978-3-319-19575-9},
  year         = {2015},
}