Original scientific paper
https://doi.org/10.47960/2637-2495.2024.32.5
ON NORMS OF DEFINITIONS
Žaklina Harašić
orcid.org/0000-0002-4395-3114
; Faculty of Law, University of Split
Abstract
Despite the presence of definitional norms in the regulations, legal authors deal sparingly with definitional norms. In this paper, we try to make a further contribution to these works, so that we connect the concept of norms of definitions with other legal institutes: the argument of the technical meaning of the word - when there is a legal definition of the technical meaning of a term, that meaning has priority, not only in relation to the ordinary meaning, but also in relation to the technical meaning of that same term from another law; to the parts of the legal norm - accepting the four-part structure of the legal norm, we find that the norms of definition are found in the part of the legal norm called the request or disposition, i.e. the command (order, prohibition,
authorization) and which requires certain behavior, but such provisions are not, when they are expressed in the form of norms of definitions, commandments in the usual normative sense; covert prescriptive statements – these are, like definitional norms, expressions that are grammatically expressed in a descriptive form, but require some behavior to be performed in a functional form; strict legal norms - definitional norms are, with regard to the freedom they give addressees in the manner of their execution, a type of strict legal norms, because they do not give any freedom regarding execution; Hierarchy of regulations - norms
of definition are not found in all types of regulations, regarding their hierarchy, but only in the highest ones - constitution, law and regulations; by systematic interpretation - definitional norms can be interpreted, within the framework of a systematic argument, in such a way that the definitional norm, as a provision, is connected with the provision we are interpreting.
Keywords
Hrčak ID:
329244
URI
Publication date:
17.3.2025.
Visits: 852 *