A Que Se Refiere Con Disposiciones Legales

Identification of sentences contained in legal texts that use the word “definition” or conjugation of the verb “to be”. 37 In order to demonstrate that any definition can be translated into a statement of canonical form, Alchourrón and Bulygin distinguish two different techniques of definition.52 The first “consists in specifying the essential or determining characteristics that an object must fulfil in order for the word defined to be applicable to it”.53 This is an intensional definition.54 As an example of this definition, they use Article 164 of the Argentine Code of Civil Procedure, which relates to the requirements that the final judgment must contain. In the second type of definition, they point out that the legislator does not specify the determining characteristics, but “specifies a set of characteristics so that each of them is sufficient, but not necessary to define the definition”.55 This is an extended definition.56 As an example of this definition, they use Article 2524 of the Argentine Civil Code, the one that defines the modalities of acquisition of the domain.57 34The examples show that the distinction between definiendum and definians is not symmetrical to the distinction between determinations and norms. It is not that definitions are provisions and definitions are rules. The endum of definition is neither the formulation of the definition, and the definitions do not coincide with the meaning of the definition. Here, it is important to stress that the definition is not the meaning of the definiendum.43 18In order to analyse the legal definitions without concealing the importance of the interpreter`s activity, it is necessary to distinguish between the legal raw materials produced by the legislator and the norms generated by the interpretative activity. Definition formulations are linguistic expressions or entities contained in a formal source of law, such as an article of law. The meaning of the definition is the result of the interpreting activity that the interpreter carries out on a definition formulation. 3This work has two objectives. First, to introduce the distinction between the wording of the definition and the meaning of the definition to explain the process of interpretation carried out on the basis of legislative documents having a defining value. Second, to criticise alchourrón and Bulygin`s proposal in terms of legal definitions and to argue that they reduce definitions to constitutive rules. I therefore maintain that not all definitions are constitutive rules, since there are definitions that are technical rules.

19The wording of the definition has no canonical structure, since these are legal raw materials awaiting interpretation as the provisions. The absence of a canonical structure leads us to different situations.22 Interpreters may assign a meaning of definition to a legal text that uses the word “definition.” It is also possible for interpreters to assign a meaning of definition (it is understood by such a thing) to legislative documents that do not use this word but use similar terms.23 A third possibility is that interpreters believe that a text expresses a definition because it uses descriptive expressions such as certain conjugations of the verb that are in Spanish. A fourth possibility is for interpreters to assign a meaning of definition to a text that does not contain a word or phrase generally used for the definition, either because of the legal culture or the needs of the legal sector in which it operates. Finally, a fifth possibility is that interpreters assign a meaning of definition to a combinato disposto. By-laws are generally of a general nature, i.e. they are regulations issued by the administrative authority and whose compliance is mandatory, but which have a lower value than the law. Identification of the syntactic structure of certain grammatical forms contained in legal texts. 23 Relationships (ii) and (iii) are configured on the basis of interpretative activity. Normative provisions and formulations of definitions are interpreted texts or objects, and regulatory standards and the meaning of definitions are the result of this activity.

21There are at least five possible links between definitions – wording, normative provisions, definitions – meaning and regulatory standards. These provisions are called regulations, which are the normative instrument most commonly used by administrative law. 5 As regards the different meanings of the term `ideology`, only two of them are considered appropriate to the scope of the definitions. Dellacasa refers to these two meanings as follows: “The first refers to the vision of the world (or an important part of it) specific to a particular theme and considered as a product of ideas and attitudes. A term is simply knowledge of reality or a sector of it; It is intended to express judgments or beliefs that indicate how reality is perceived by the formulator and incorporate the descriptive component of an ideology. The evaluator is represented by the attitudes that the subject has towards the world, or rather towards his perception of the world; Thus, indifference and attention are two attitudes, the second is articulated in neutrality, acceptance, rejection. This primary and broad meaning of “ideology” is obviously neutral and free from any kind of negative connotation that characterizes the use of the term in general. Are of particular interest in the study of legal definitions, concepts and attitudes that deal with the law and the social phenomena it regulates; […] A second meaning of the term, this time with a negative connotation, refers to a series of misconceptions that guide a subject`s worldview and result from his error, from a (obviously false) relationship with society […] Ideology is then a set of false beliefs derived from social factors to which they tend to regress with a conditioning effect. “The translation is mine. See Dellacasa 2004: 106-107. On the different meanings of ideology, see Lantella 1979: 146. 2In this work, I intend to stand on the shoulders of these two giants to study definitions in law.

The distinction between Alchourrón and Bulygin norms and definitions results from the classic distinction between regulatory rules and constitutive rules.1 The proposal by Alchourrón and Bulygin is innovative in that it draws attention to the role that definitions play in legal texts. Thus, a work that began as a tribute to Carrió has become an indispensable reading for anyone dealing with the constitutive rules. Implicit definitions – meanings derived from dogmatic theses that are preliminary and independent of the interpretation of a normative statement in formal sources.32 Thus, according to civil doctrine, articles 2314 and 2320 of the Civil Code anchor the “principle of integral damages”. However, the Chilean Civil Code ignores moral damages. That is, it does not refer to this type of damage. Legal literature defines non-pecuniary damage on the basis of techniques of interpretation or reasoning33 in such a way that this type of damage is also compensated.34 Legal provisions refer not only to a complete law, constitution or particular article, but to a norm. And what does that mean? Relationship between normative provisions and definition formulations. This work has two objectives. The first is to propose a distinction between texts and meanings for legal definitions by presenting two terms: the formulation of the definition and the meaning of the definition.

The distinction is useful because it makes it possible to distinguish two classes of definitions – meaning: meaning of the constitutive definition and meaning of the technical definition. The second is to criticize the proposal of Alchourrón and Bulygin in terms of legal definitions.