The Step Not Taken. Competence, Determinative Rules and Constitutive Systems in Teoría Analítica del Derecho

Authors

  • Alejandro D. Calzetta Universidad Alberto Hurtado
  • Julieta A. Rabanos Tarello Institute for the Philosopy of Law, University of Genoa

DOI:

https://doi.org/10.4454/analisiediritto.v22i2.503

Keywords:

Jorge L. Rodríguez, Legal Competence, Constitutive Rules, Determinative Rules, Constitutive Systems

Abstract

In this paper we argue that Rodríguez rejects the concept of constitutive rule too hastily and that his approach to legal competence suffers from it. We propose an alternative approach based on another notion of constitutive rule (A. Conte’s) that presents itself as a more complete approach than Rodriguez's own.

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Published

2022-12-15

Issue

Vol. 22 No. 2 (2022)

Section

Analytical Theory of Law. A debate

License

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