Theory of legal principles

Author(s)
    • Ávila, Humberto Bergmann
Bibliographic Information

Theory of legal principles

by Humberto Ávila

(Law and philosophy library, v. 81)

Springer, c2007

Other Title

Teoria dos princípios

Theorie der Rechtsprinzipien

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Note

Includes bibliographical references (p. 137-142) and indexes

Other title from "Foreword to the German edition"

Description and Table of Contents

Description

This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

Table of Contents

First Considerations.- Norms: Principles and Rules.- Metanorms: Normative Postulates.- Conclusions.

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