法規範の分類方法に関する一考察 ―個別規範と一般規範、行為規範と授権規範57)―
Study of a Classification of Legal Norms: Individual Norms and General Norms, Norms of Conduct and Norms of Competence
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This paper aims to present a classification of legal norms. For this classification, I use first‐order and second‐order predicate logic. A norm (to be precise, a normative sentence) is formed from a deontic operator and a descriptive sentence. Norms are either individual or general. If the first terms of descriptive sentences of norms (subjects of sentences) are constants, they are individual. If the first terms of descriptive sentences of norms are variables bounded by universal quantifiers, they are general. Norms are also classified into either norms of conduct or norms of competence. If predicates of descriptive sentences of norms are constants, they are norms of conduct. If predicates of descriptive sentences of norms are variables, they are norms of competence.
Abstract
This paper aims to present a classification of legal norms. For this classification, I use first‐order and second‐order predicate logic. A norm (to be precise, a normative sentence) is formed from a deontic operator and a descriptive sentence. Norms are either individual or general. If the first terms of descriptive sentences of norms (subjects of sentences) are constants, they are individual. If the first terms of descriptive sentences of norms are variables bounded by universal quantifiers, they are general. Norms are also classified into either norms of conduct or norms of competence. If predicates of descriptive sentences of norms are constants, they are norms of conduct. If predicates of descriptive sentences of norms are variables, they are norms of competence.
참고문헌 (7)
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- "Georg Henrik von Wright, Norm, Truth and Logic, in Deontic Logic, Computational Linguistics and Legal Information Systems 3 ‐20, 7, Antonio A. Martino ed", ~ (1982)
- "H. L. A. Hart, The Concept of Law 42, 2. ed", ~ (1994)
- Hans Kelsen, "Reine Rechtslehre, 1. Aufl., Leipzig", Wien 1934, 2, 1934
- Robert Alexy, "Alf Ross' Begriff der Kompetenz, in: Andreas Hoyer u.a. (Hrsg.): Gedächtnisschrift für Jörn Eckert, Baden‐Baden 2008", ~ (2008)
- Torben Spaak, "The concept of legal competence", ~ (1984)