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Sources of Law Are not Legal Norms

Fábio Perin Shecaira

Ratio Juris 28 (1):15-30 (2015)

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Ruth G. Millikan's conventionalism and law.Marcin Matczak - 2022 - Legal Theory 28 (2):146-178.details ABSTRACTConventionalism once seemed an attractive way to justify the viability of the positivistic social thesis. Subsequent criticism, however, has significantly lessened its attractiveness. This paper attempts to revive jurisprudential interest in conventionalism by claiming that positivists would profit more from the conventionalism of Ruth G. Millikan than that of David Lewis.Three arguments are proffered to support this contention. First, Millikan's conventionalism is not vulnerable to the major criticism leveled at conventionalism, viz its compliance-dependence, as this is not its defining feature. (...) Download Export citation Bookmark
Janus‐Faced Coherentism and the Forgotten Role of Formal Principles.Rodrigo Camarena González - 2021 - Ratio Juris 34 (3):263-281.details Coherentists fail to distinguish between the individual revision of a conviction and the intersubjective revision of a rule. This paper fills this gap. A conviction is a norm that, according to an individual, ought to be ascribed to a provision. By contrast, a rule is a judicially ascribed norm that controls a case and is protected by the formal principles of competence, certainty, and equality. A revision of a rule is the invalidation or modification such a judicially ascribed norm, provided (...) Download Export citation Bookmark 2 citations
On the Role of Normative Hierarchies in Constitutional Reasoning: A Survey of Some Paradigmatic Cases.Orlando Scarcello - 2018 - Ratio Juris 31 (3):346-363.details This article examines the role of normative hierarchies in constitutional argumentation. A threefold distinction between formal, material, and axiological hierarchy is employed. The correlative concepts of formal validity, material validity, and applicability are also briefly described. Within this framework, four cases are analysed: Decisions 1146/1988 and 10/2010 of the Italian Constitutional Court, and Kadi I and Opinion 2/2013 of the Court of Justice of the European Union. As a result, it is argued that axiological hierarchies are frequently used to reshape (...) Download Export citation Bookmark
Can large language models apply the law?Henrique Marcos - forthcoming - AI and Society:1-10.details This paper asks whether large language models (LLMs) can apply the law. It does not question whether LLMs should apply the law. Instead, it distinguishes between two interpretations of the ‘can’ question. One, can LLMs apply the law like ordinary individuals? Two, can LLMs apply the law in the same manner as judges? The study examines D’Almeida’s theory of law application, divided into inferential and pragmatic law application. It argues that his account of pragmatic law application can be improved as (...) Download Export citation Bookmark
Legal Audiences.Fábio Perin Shecaira & Noel Struchiner - 2018 - Argumentation 32 (2):273-291.details This paper approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or (...) Download Export citation Bookmark

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