Revista Acadêmica (Sep 2020)
SOBRE A ESSÊNCIA E FORMA LÓGICA DA NORMA JURÍDICA NA TEORIA GERAL DO DIREITO CONTEMPORÂNEA
Abstract
The present paper aims at analyzing legal norms in order to determine their essence and logical form. To this purpose, it will engage in the analysis of the relationship between the totality of the legal system and legal norms individually considered, in order to clarify the source of validity of such norms and their role within the system itself. This analysis leads to the problem of the essence of legalnorms, given that the variability of their content demands the recognition of a common element among all objects qualified as such. Thus, legal norms are considered to be "authorizing imperatives", having the determinant aspect of bipolarity, which links two different subjects and enables the demand for certain behaviors. Thisessence, in turn, can be expressed in propositions with a specific logical form that will also be examined, considering that such logical form presents itself as a disjunction that unites two conditional propositions, which, in their turn, articulate in their nexus descriptive and prescriptive propositions, that is, they establish as consequent of certain facts correlative duties. In order to attain the aforementioned objectives, it will be adopted the deductive method of approach, and the procedure of bibliographical research, with the use of already established theoretical categories in the fields of General Theory of Law and Philosophy of Law.
