The prevailing assumption in contemporary legal theory is that Law has always been identical with legal norms. Deeply shaped by normativism, jurists anachronistically project the centrality of the legal norm onto the past, assuming that societies were always organized by laws. An “archaeological” inquiry into the first law is proposed, understood as a general and abstract rule, issued by a competent authority, prescribing conduct and sanctions.

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The Centrality of the Legal Norm

  • Fábio Ulhoa Coelho

摘要

The prevailing assumption in contemporary legal theory is that Law has always been identical with legal norms. Deeply shaped by normativism, jurists anachronistically project the centrality of the legal norm onto the past, assuming that societies were always organized by laws. An “archaeological” inquiry into the first law is proposed, understood as a general and abstract rule, issued by a competent authority, prescribing conduct and sanctions.