The Legal System Concept: A Look on CISG
The present article developed a description of Two Great Theories that support the laws systematization and how they may be applied on the Brazilian legal system study. One of them consists on concepts of primary and secondary rules, the other one with its division between system and subsystem. The...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2015 |
| País: | Brasil |
| Institución: | Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) |
| Repositorio: | Teorias do Direito e Realismo Jurídico |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.indexlaw.org:article/312 |
| Acceso en línea: | http://www.indexlaw.org/index.php/teoriasdireito/article/view/312 |
| Access Level: | acceso abierto |
| Palabra clave: | Norms Subsystem Cisg Normas Subsistema |
| Sumario: | The present article developed a description of Two Great Theories that support the laws systematization and how they may be applied on the Brazilian legal system study. One of them consists on concepts of primary and secondary rules, the other one with its division between system and subsystem. The theories adopted were those developed by Herbert Lionel Adolphus Hart and Niklas Luhmman. Also, not to let the discussion in the purest abstraction, there was a comparison on the midpoint of the two theories regarding the merger of CISG in Brazilian law, especially it demonstrated what kind of standards it is made and how it relates to the Brazilian system as being a subsystem, similar to what had been theorized by Niklas Luman. After the development, it be came evident that there is convincing evidence that the worked theories are still present, something that has a particular relevance to the scientists who work on the theory of law and why not, the lawyers handling the CISG. |
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