Conflict of legal norms: definition and varieties
(2015) 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:
https://lup.lub.lu.se/record/8163938
- author
- Lindahl, Lars LU and Reidhav, David LU
- organization
- publishing date
- 2015
- 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
- host publication
- 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
- 2016-04-04 11:55:29
- date last changed
- 2018-11-21 21:08:01
@inbook{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}},
booktitle = {{Logic in the theory and practice of lawmaking}},
editor = {{Araszkiewicz, Michal and Pleszka, Krzysztof}},
isbn = {{978-3-319-19575-9}},
keywords = {{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 = {{Springer}},
title = {{Conflict of legal norms: definition and varieties}},
url = {{http://dx.doi.org/10.1007/978-3-319-19575-9}},
doi = {{10.1007/978-3-319-19575-9}},
year = {{2015}},
}