PRIMARY AND SECONDARY LEGAL NORMS IN THE OPUS OF NORBERTO BOBBIO Cover Image

ПРИМАРНЕ И СЕКУНДАРНЕ НОРМЕ КОД НОРБЕРТА БОБИА
PRIMARY AND SECONDARY LEGAL NORMS IN THE OPUS OF NORBERTO BOBBIO

Author(s): Suzana Medar
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Primary norms; secondary norms; norm identification norms; sanction norms; norm production norms; complex normative system; legal system

Summary/Abstract: Norberto Bobbio is the most important legal scholar and exponent of the Italian school of analytical legal theory. In his jurisprudential opus, he makes a distinction between primary and secondary legal norms. He describes them as norms of the first degree and norms of the second degree; the former comprise the norms on human behavior whereas the latter include the norms on norms. The second degree norms incorporate norms on sanction and norms on the production of laws. Beside these norms, in the structure of any normative system, he also identifies the norms for the identification of norms. Depending on the presence of certain kinds of norms in the normative system, Bobbio distinguishes among simple, semi-complex and complex normative systems. In his work, he focuses on the legal system as a complex normative system, which includes not only norms for the identification of normative systems and primary norms but also both types of second degree norms.

  • Issue Year: LIV/2009
  • Issue No: 54
  • Page Range: 94-108
  • Page Count: 16
  • Language: Serbian
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