Genetic-Topological Norm-Relations

Abstract

This chapter studies genetic-topological norm-relations, which are defined as relations between a basic rule (e.g., a rule expressed in a statutory provision) and a rule of application (an interpretation (in a wide sense) derived from the basic rule to the description of a case a judge has to decide). The sphere of operative facts of a rule is called F-set and the facts normatively modalised in the legal consequence of a rule are called N-set. On each of those sets we can perform set-theoretical operations, and their result will be different set-theoretical relations between sets. By means of such set-theoretical relations, 16 possible genetic-topological relations between a basic rule and a rule of application are introduced, which are called the spectrum of a rule (different kinds of precisations and analogies). Sixteen additional genetic-topological relations are defined as the antithetic spectrum of a rule, because the normative modality in the legal consequence of the basic rule is in the rule of application changed to an opposite modality: from permission or obligation to prohibition, or from prohibition to permission or obligation (different kinds of e contrario-relations and reductions, i.e., the judge making an exception from a clear basic rule rule). For example, an antithetic relation holds between the rule “On this road cycling is permitted” and the basic rule “On this road motor traffic is forbidden”. By means of this conceptual framework also concepts like “obsolescence” and “extensive and restrictive interpretation” are defined.