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Politics in Legal Norms

Publication at Faculty of Law |
2017

Abstract

Can we think about legal norms in apolitical terms? The Venn diagram displayed on this year's invitation to this conference suggests that law and politics do not fully overlap and some norms thus may be apolitical. In my paper, I will argue against this thesis.

By canvassing an unproblematic example of a threefold conditional legal norm structure (hypothesis, disposition, sanction), I will show otherwise. Although the theory of threefold structure of a legal norm may at first glance appear politically neutral, I will defend a controversial position according to which even the structurally-logical reasoning about legal norms essentially is political.

The apolitical legal norm thus is an illusion only.