Some Reflections on the Existence and the Limits of Social Rules Inspired by Teoría analítica del derecho by Jorge Rodríguez

Abstract

This paper analyses how Rodriguez’s response to the problem of legal disagreements in law reveals a constant tension in the analytical theory of law between the empirical and the abstract aspect of rules. It claims that for the knowledge of legal norms and the analysis of the truth conditions of propositions about the law, it is of utmost importance to consider what social rules are and when they exist. Specifically, it argues for the thesis that it is necessary to consider the external aspect of rules and to assume the internal point of view to resolve the tension between the empirical and abstract aspects of the law.