The last point to be treated here will be to show the most important functions principles fulfil in law.
The starting point in this case will be the distinction between the dimensions of explanation, justification, legitimation and power-control present in principles. Each one of these functions — as we will presently see — is connected in a very special way with one of the three possible approaches to legal norms we have just distinguished: structural analysis especially underscores the function of explanation and systematization of the law; regarding norms as reasons for action leads to the consideration of how they operate in justificatory legal reasoning; and, finally, looking at norms with respect to interests and power leads to the question about the use, the legitimation and the legal control of power.
3.1.
More on the topic The last point to be treated here will be to show the most important functions principles fulfil in law.:
- As we saw, the man who really ‘‘invented” the state was Thomas Hobbes. From his time up to the present, one of its most important functions - as of all previous forms of political organization - had been to wage war against others of its kind.
- After having treated, in the first two chapters, the problems of mandatory norms — rules and principles — and of power-conferring rules, purely constitutive rules and definitions, we will now set out to examine permissive sentences.
- 5.9 Koschaker and Point 19 of the NSDAP program
- Analytical Dimension 3: Functions of Myths
- Principles, control and legitimation of power
- Principles in legal reasoning
- Principles in legal explanations
- Principles and rules as reasons for action
- 2. Principles and full compliance
- The discussion about principles in contemporary legal theory: How it all started
- Principles, rules, powers, and interests
- 2. Principles and rules
- Previous versions of our paper on legal principles have been subjected to a number of criticisms, most of them expressed orally in several seminars where we had the chance to discuss our ideas.1
- 2.3. Permission and principles. Constitutional freedoms
- Besides these internal distinctions, principles must also be distinguished, so to speak, externally, from other standards of behaviour that can be part of a legal system.
- 1. Introduction: Types of principles
- Chapter I Mandatory Norms: Principles and Rules