Resumo

VILLA ROSAS, Gonzalo. Commanding and Defining. On Eugenio Bulygin’s Theory of Legal Power-Conferring Rules. Crítica (Méx., D.F.) [online]. 2017, vol.49, n.146, pp.75-105.  Epub 23-Abr-2020. ISSN 0011-1503.  https://doi.org/10.22201/iifs.18704905e.2017.182.

This paper aims to explore two objections raised against Bulygin’s second approach to the definition of the nature of legal power-conferring rules. According to the first objection, such an account is vague about what is defined by legal power- conferring rules qua constitutive rules. I maintain that this vagueness is rooted in the lack of a suitable definition of legal power. I shall be arguing for the reduction of the complexity of the definientia by defining legal power as a species of competence. According to the second objection, this non-reductive approach cannot explain the normativity of this kind of rules. Against this approach, it argues that legal power- conferring rules perform a deontic and a definitional function as constitutive rules of legal practice.

Palavras-chave : H.L.A. Hart; competence; practices; presupposition; practical and theoretical points of view of rules.