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1.External Application and External Applicability
With regard to the first, the unconventional view I proposed abolished the difference…
The original argument rested on the following claim: Both compliance and application…
On the other hand, two types of application can be distinguished. Sometimes the application…
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In light of the above analysis, one could argue that some instances of law application…
More importantly for my purposes, even if the separation suggested by the objection…
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There is another and more general objection that I did not consider before. The reason…
The above assessment may be applied to norms authorizing agents to create norms.…
If the liberal approach is justified then norms that seem to be purely power-conferring…
This distinction should not be understood as a strict distinction between state organs…
It seems, therefore, that the objection cannot succeed. The reason for its failure…
Thus, the external application of a legal norm is a matter of compliance with another…
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Here it is important to point out what external application cannot be. Here I have…
The objection that is fatal to the argument rests on the difference between justificatory…
N1: Smoking is prohibited indoors.…
N2: Violation of N1 shall be penalized by an administrative fine of $500.…
Here, the fact that N1 has been violated is the precondition of applying the administrative fine of $500. Of course, the administration will mention,…
Unless one adopts the “Kelsenian dogma” that a legal norm is never complete without…
Now, assume that N1 has been replaced by N3, which reads “Smoking, whether indoors…
Acknowledging that a legal norm is applied whenever it occurs and helps with an inference…
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Lastly, I need to consider whether an externally applicable norm legally needs to…
The phrase “applicability” implies that it should be sufficient that the law-applying…
A.DEFINITION AND TYPES OF APPLICABILITY
2.Internal Application and Internal Applicability
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