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Analytical-Linguistic Consideration Of The Legal Norm, As A Prescriptive Proposition

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Chapter Summary

This chapter studies the norms from a merely formal viewpoint, in order to concentrate exclusively on its logical-linguistic structure. The problem of legal norms making reference to theories of language and its different functions is a course of study which is used more in Italy. The chapter focuses on language in general, though spoken and written language as the most prominent form. From the formal-linguistic perspective, the legal norm is a "proposition," which is to say it is a sequence of words endowed with significance. This differs from "statements," as a lexical-syntactic group of linguistic signs with which a proposition is expressed. From the point of view or prism of the functions of language, it can be said that the norm is a "prescriptive or preceptive proposition". The chapter discusses on the various possible types of propositions, paying special attention to the so-called prescriptive or preceptive propositions.

Keywords: legal norm; logical-linguistic structure; prescriptive proposition



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