The paper deals with the paradox detected by Caffera and Mariño regarding the definitions of “legal norm” and “legal system” propounded by Alchourrón and Bulygin in the Spanish version of their seminal book Normative Systems. In particular, the paper critically examines and rejects the way outs from the puzle proposed, respectively, by Caffera y Mariño themselves and, more recently, by Jordi Ferrer and Jorge Rodríguez. The first way out is rejected for it is not viable. The second one is rebutted because it is unnecessarily complex. Finally, a new way out is propounded, which is based on the view that Alchourrón and Bulygin define legal systems by pointing not only to their coercive character, but also to the effectiveness of their criteria of identification.
El puzle de la determinación de lo jurídico
RATTI, GIOVANNI BATTISTA
2011-01-01
Abstract
The paper deals with the paradox detected by Caffera and Mariño regarding the definitions of “legal norm” and “legal system” propounded by Alchourrón and Bulygin in the Spanish version of their seminal book Normative Systems. In particular, the paper critically examines and rejects the way outs from the puzle proposed, respectively, by Caffera y Mariño themselves and, more recently, by Jordi Ferrer and Jorge Rodríguez. The first way out is rejected for it is not viable. The second one is rebutted because it is unnecessarily complex. Finally, a new way out is propounded, which is based on the view that Alchourrón and Bulygin define legal systems by pointing not only to their coercive character, but also to the effectiveness of their criteria of identification.
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