1. First Considerations. 2. Norms: Principles and rules. 2.1 First distinctions. 2.2 An overview of the evolution of the distinction between principles and rules. 2.3 Principles and rules distinction criteria. 2.4 Proposal to distinguish principles and rules. 3. Metanorms: Normative Postulates. 3.1 Definition of normative applicative postulate. 3.2 Guidelines to analyze normative applicative postulates. 3.3 Species of postulates.4. Conclusions. 5. References.
First Considerations.- Norms: Principles and Rules.- Metanorms: Normative Postulates.- Conclusions.
Examines the distinction between principles and rules so that they can be better understood and applied. This book structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs.
Connects the Anglo-Saxon, the German, and the Spanish/Brazilian discussion in one of the most central issues in legal theory and legal philosophy
Gives a central role to metanorms in legal reasoning with a profound analysis of concepts such as balancing, practical coherence, reasonableness and proportionality
Does not confine its analyses to a thorough review of the distinction between rules and principles
Makes an articulated contribution to the discussion proposing 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
Contributes to the discussion in as straightforward a way as possible, including examples in the course of the arguments