In this paper we argue that Rodríguez rejects the concept of constitutive rule too hastily and that his approach to legal competence suffers from it. We propose an alternative approach based on another notion of constitutive rule (A. Conte’s) that presents itself as a more complete approach than Rodriguez's own.
The Step Not Taken. Competencia, reglas determinativas y sistemas constitutivos en la Teoría Analítica del Derecho
Julieta Agustina Rabanos;
2022-01-01
Abstract
In this paper we argue that Rodríguez rejects the concept of constitutive rule too hastily and that his approach to legal competence suffers from it. We propose an alternative approach based on another notion of constitutive rule (A. Conte’s) that presents itself as a more complete approach than Rodriguez's own.
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