identification of normative systems
CONVENORS: david duarte, giorgio pino, Mathieu Carpentier
The identification of normative systems involves several questions, intricacies, and conceptual nodes, that are at the very heart of legal theory. This Special Workshop intends to be a forum of critical and innovative discussion of the manifold topics pertaining the identification of normative systems and welcomes contri-butions from different jurisprudential perspectives.
Among the topics that will be discussed in the Special Workshop on «Identifying Normative Systems», spe-cial attention will be devoted to the following:
(i) What is a normative system, and what are the specific features of law as a normative system (legal sys-tems as a specific case of normative systems)?
(ii) What makes it possible to distinguish a legal system from another legal system?
(iii) What makes for the membership of a norm in a legal system? Are membership criteria material or for-mal criteria?
(iv) What is the role of the sources of law in the identification of a legal system? Is a legal system the sum total of its sources? And how is the concept of «source of law» to be theorized (the relation between sources and validity, the concept of competence norm, the notion of «extra ordinem» sources, etc.)?
(v) What is the «first cause» of a legal system, and how does it ground the normativity of the system? Is it a «norm» or a «fact»?
(vi) Do legal systems have, by definition or under different reasons, distinct identifying basis when com-pared to moral systems?
(vii) How does a legal system connect with norms that belong to other systems?
(viii) Under what conditions is a legal system replaced by another legal system?
(ix) What is the role of legal interpretation in identifying, or even constructing, a legal system?
We ask those who want to present a paper in the SW27 to send an abstract (maximum 250 words) until the end of April to one of the following emails: