Restatement of the Theory of Legal Norms

Author: Li Xudong
Publisher:
Publish Date: 2007-02-01
Features: The author argues that legal norms interpreted from a legal interpretation standpoint emphasize the centrality of the judge in understanding the concept of legal norms. Legal norms existing in the form of normative legal documents are merely textual representations of legal norms and are not yet the legal norms themselves. Only legal norms that possess normative potential and also have actual normative effectiveness conform to the concept of legal norms. The author draws inspiration and absorbs insights from hermeneutic philosophy, providing a meaningful interpretation for legal norm theory in the realm of legal philosophy. It should be said that the construction of the "legislator-centered model" and "judge-centered model" in this book, the re-elaboration of the traditional Western legal norm theory, the philosophical reflection on research methods for legal norms, and the application of hermeneutic philosophy—all represent progress in research methods and theoretical understanding, which are commendable. Legal norm theory is one of the fundamental issues in legal theory, and Chinese and foreign jurists have offered many different answers and established distinctive theoretical systems. It should be said that the research on legal norm theory in this book is one of the more systematic and high-quality achievements in the field of Chinese legal academia, making a valuable contribution to the theoretical research on legal norms in contemporary China.