Restatement Of The Theory Of Legal Norms

This paper, A Restatement of the Theory of Legal Norms:on the Justiciary Interpretater's View, is a reseach about the theory of legal norms which is a traditional reseach domain in Jurisprudence. Generally, we look the legal norms with the Legislator's view. Althought it is helpful to make good laws with this view, it is important to think about legal norms with the justiciary interpretater's view in China today. The paper restates some theorys about legal norm which include Austin's, Kelsin's, Hart's, Raz's, Dworkin's, and give some methods to treat the legal norm as an object in the thought, as some rules in the action or as a paper should to be interpreted. After the normativeness of legal norms and interpretability of the judge's interpreting have been reseached, this paper gives a restatement of the theroy of legal norms according to the justiciary interpretater's view.