Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2008, nr 1

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O NORMATYWNOŚCI PRZEPISÓW REGULUJĄCYCH PROCES STANOWIENIA PRAWA
(Wydział Prawa i Administracji UAM, 2008) Grabowski, Paweł
In his paper the author argues that Zygmunt Ziembiáski’s concept of a sanctioned norm and the sanctioning norm requires a certain completion. He also notices that the relation between these two norms (that the sanctioning norm shall be applied when the sanctioned norm has been violated) involves of a number of other norms that the author calls intervening norms. Those norms may create a chain in which individual norms may be related with each other in many different ways. The obligation indicated in a sanctioning norm arises only upon completion/realisation of relevant intervening norms. On the background of such differentiation between a situation in which a “norm has not been completed/realised” and a situation in which a “norm has been violated”, the author claims that in determining when a norm “has been violated” the mental state o f the person exercising such conduct should be taken into account. Applying that thought to the proposed chain o f intervening norms, the author than argues that the first norm is applied not when a given sanctioned norm is violated, but in a situation when there is a conviction that such a violation has already taken place.