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On Authorization Rules

Posted on:2007-05-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z YuFull Text:PDF
GTID:1116360185484178Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This paper is a study about the word "May" in the legal text. The main goal of the study is the law significance and the practice value of the function word to be demonstrated through "May" being analyzed thoroughly carefully. At the authorized rule angle, the basic principle of the legal authorization to be promulgated and on the base the concept of law and the legal ontology to be iterated. Because "May" in the legal text is a core word which was used frequently, it has the function of "the discernment" in the certain degree. From "the discernment" of the "May", the regular world, the legal world and the order world that has a fresh idea can be seen.In order to realize such research goal, the norm positive analysis method is used in the article. At scholar's view, the norm positive analysis method is a method at the premise of the legal norm existence. Its basic starting point lies in discovering the intrinsic mystery that the law can play the norm role to the people, and further solving the common mechanism of legal existence through comparing the legal rule and its possible potency. To be specific, the norm positive analysis method approximately includes following several meanings: First, the law rule itself is respected and the existence of rule itself is thought to be the prerequisite which the analysis can be launched. Through the legal rule and the words being analyzed, the idea behind the rule and the words will be found. Second, about the norm positive analysis, any attachment request outside the legal rule all cannot be permitted to enter the sight of norm positive analysis, because they are difficulty to be confirmed. Third, the norm positive analysis certainly also can appraise the good and evil of legal. This appraise method is through the technical factor, but it is not the value criterion of some apriorism. Fourth, the norm positive analysis method is established on the positive laws which were constructed by the language and word, so the method specially pays great attention to linguistics analysis about the legal rule.By the norm positive analysis method, the meaning of the "May" is relatively rich at the linguistics angle. But, in the legal text, as the model expression terminology of legal authorization, the basic significance of "May" is "the authorization", and in certain situations,...
Keywords/Search Tags:"May", Rule of authorization, Legal authorization, Concept of law
PDF Full Text Request
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