The norm-based approach facing criticism

Jorge Rodríguez has criticized some nuclear premisses of the norm-based approach to legal positions sustained in “Rights as Formal Combinations of Normative Variables” (published by Revus in 2023). Beyond their great value, his criticisms turn out to be an excellent opportunity to elucidate some poi...

Deskribapen osoa

Gorde:
Xehetasun bibliografikoak
Argitaratua izan da:URI:https://journals.openedition.org/revus,
Egile nagusia: Duarte, David
Formatua: Article ou chapitre numérique
Hizkuntza:Anglais
Argitaratua: Revus 2025
Gaiak:
Sarrera elektronikoa:Accès Université d'Orléans et IFPM
Accès Université d'Orléans et IFPM
Deskribapena
Gaia:Jorge Rodríguez has criticized some nuclear premisses of the norm-based approach to legal positions sustained in “Rights as Formal Combinations of Normative Variables” (published by Revus in 2023). Beyond their great value, his criticisms turn out to be an excellent opportunity to elucidate some points that, most probably, were not presented with the desired clearness. Even though Rodríguez makes very sharp comments on the paper, it seems that there are no reasons, as will be argued below, to drop any of the premisses he targeted. Be that as it may, what really matters is that above everything the present response aims to contribute to a very interesting discussion; one that Rodríguez, with his refined outcome, put at a very high level.