Abstract

NAVARRO, Pablo E.. Normas permisivas y clausura de los sistemas normativos. Isonomía [online]. 2011, n.34, pp.109-139. ISSN 1405-0218.

In this paper I analyze the autonomy and relevance of permissive norms. Particularly, I revise two skeptical theses: (i) the permissive function of permissive norms could be replaced by other normative forms, e.g. derogation of prohibitions, and (ii) there are no practical differences between negative and positive permissions. Both theses are analyzed in relation to the nature and function of permissive rules of closure (e.g. not prohibited actions are permitted). I conclude that permissive norms - and specifically rules of closure - have an important role in the normative systems and they are a useful tool in order to analyze other normative problems like legal gaps and judicial discretion.

Keywords : permissive norms; rule of closure; legal gaps; judicial discretion.

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