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Formation Of The Legal Order: Theory Of The Sources Of Law

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Chapter Summary

This chapter highlights the difference that exists between the so called sources "of production" of legal norms-acts or facts upon which the legal order makes the creation, modification, or extinction of legal norms dependent - and what are designated as the sources "of knowledge" of the law, those documents - Codes, Constitutions, etc. - through which one knows the existence and content of the legal norms created by the sources of production. Communitarian law constitutes a legal order in the proper sense, endowed with its own sources and capable of generating its own principles. The doctrine in material sources of law has to resolve two problems: identify them, that is, determine what they are; and create a hierarchy, or, what amounts to the same thing, establish an order of precedence or priority among them. The general principles of law are the fundamental ideas that inform the positive law and, ultimately, those which are derived from justice.

Keywords: communitarian law; legal norms; legal order; positive law

10.1163/ej.9789004179325.i-376.18
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