Revista Eletrônica do Curso de Direito da UFSM (Aug 2017)

ABOUT THE CONCEPTIONS OF NORMS: SYNTACTIC, HYLETIC AND EXPRESSIVE

  • Maurício Dalri Timm do Valle

DOI
https://doi.org/10.5902/1981369426709
Journal volume & issue
Vol. 12, no. 2
pp. 593 – 619

Abstract

Read online

The aim of this article is to present, through a bibliographical research, the discussions about the ontology of norms, from the conceptions of Georg Henrik von Wright and Carlos Alchourrón and Eugenio Bulygin, and also to present the normative conceptions. Thus, syntactic, semantic or hyletic and pragmatic or expressive conceptions are presented based on the lessons of the main theorists who dedicated themselves to the theme, such as, for example, Alchourrón and Bulygin, Pablo Navarro and Jorge Rodriguez, and also Daniel González Lagier. In the end, we concluded that the prescriptions exist from the promulgation. We also concluded that the syntactic conception should be removed because it confuses the norm with normative formulation; that the semantic conception should answer the question "how can norms be distinguished from non-modalized propositions?" And that the pragmatic conception identifies the norms in the pragmatic plan because the propositional meaning is the same in assertions, questions, and prescriptions.

Keywords