Normative Requirements of Law as a System
EVERY LEGAL SYSTEM IS NORMATIVE BUT ALL NORMATIVE SYSTEMS ARE NOT LEGAL SYSTEMS
NORMATIVE REQUIREMENTS OF LAW AS A SYSTEM:
SYNOPSIS
1. INTRODUCTION
2. DISTINCTION BETWEEN NORMATIVE AND FACTUAL DISCOURSES
3. NORMATIVE REQUIREMENTS OF LAW
• MATERIAL REQUIREMENTS • HEURISTIC REQUIREMENTS • HERNEUTICAL REQUIREMENTS • TELEOLOGICAL REQUIREMENTS
Norm is a proposition that guides or regulates conduct of given persons (whose purpose is to guide the actions) so as to create (a possibility of) mutually intelligible (understandable) behavior among participants.
DISTINCTION BETWEEN NORMATIVE AND FACTUAL DISCOURSES:
Normative references are RULES AND REGULATIONS. They are either descriptive since they describe for the benefit of the observers whom wish to learn and they are normative since they identify rules and regulations for those who wish to take part (actual players).
Games, Sports, Clubs and Institutions etc.,
Ex: Tennis has love, fifteen, thirty, forty and dues (advantage and game); two serves; in and out; a set of 13 games; best of 3 or 5 sets; tie break etc.,
Unlike many others opine, normative propositions are both descriptive and prescriptive in terms of the rule they speak about.
Although grammar of a legal proposition is important normative character of a proposition is not determined by grammar. It’s logical form and purpose for which it is proposed and the context in which it operates are the determining factors.
Although propositions may not have Deontic operators, they are normative in their character. Ex: Propositions of Criminal Law.
Hence, a proposition becomes a norm in relation to the actions of a person and in relation to his situation.
Norms must be understood with reference to and in a given context. (Contextual or Referral Theory).
Fact is a priori that means its existence is independent to activities of human beings.
When persons act in accordance with the established and recognized
NORMATIVE REQUIREMENTS OF LAW AS A SYSTEM:
SYNOPSIS
1. INTRODUCTION
2. DISTINCTION BETWEEN NORMATIVE AND FACTUAL DISCOURSES
3. NORMATIVE REQUIREMENTS OF LAW
• MATERIAL REQUIREMENTS • HEURISTIC REQUIREMENTS • HERNEUTICAL REQUIREMENTS • TELEOLOGICAL REQUIREMENTS
Norm is a proposition that guides or regulates conduct of given persons (whose purpose is to guide the actions) so as to create (a possibility of) mutually intelligible (understandable) behavior among participants.
DISTINCTION BETWEEN NORMATIVE AND FACTUAL DISCOURSES:
Normative references are RULES AND REGULATIONS. They are either descriptive since they describe for the benefit of the observers whom wish to learn and they are normative since they identify rules and regulations for those who wish to take part (actual players).
Games, Sports, Clubs and Institutions etc.,
Ex: Tennis has love, fifteen, thirty, forty and dues (advantage and game); two serves; in and out; a set of 13 games; best of 3 or 5 sets; tie break etc.,
Unlike many others opine, normative propositions are both descriptive and prescriptive in terms of the rule they speak about.
Although grammar of a legal proposition is important normative character of a proposition is not determined by grammar. It’s logical form and purpose for which it is proposed and the context in which it operates are the determining factors.
Although propositions may not have Deontic operators, they are normative in their character. Ex: Propositions of Criminal Law.
Hence, a proposition becomes a norm in relation to the actions of a person and in relation to his situation.
Norms must be understood with reference to and in a given context. (Contextual or Referral Theory).
Fact is a priori that means its existence is independent to activities of human beings.
When persons act in accordance with the established and recognized