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对法律规范性来源的回答构成不同法律理论学术传统之间的区别,也是法律领域中认识法律现象、展开深入讨论的基础。在延续法律实证主义对法律的权威与效力进行强调的进路之下,在对法律实证主义者尤其是哈特“社会规则理论”分析与讨论的基础上,麦考密克的法律制度规范性理论通过分析规则与习惯的关系,以及由此生发出的“惯习性规范”概念,填补了规则与习惯间的缝隙,为认识法律的规范性来源问题做出了贡献,也推动了法律理论的发展。
The answer to the source of legal norms constitutes the difference between the academic traditions of different legal theories and is also the basis for understanding legal phenomena in the field of law and for conducting in-depth discussions. Based on the continuation of the legal positivism’s emphasis on the authority and effectiveness of law, based on the analysis and discussion of legal positivists, especially Hart’s Theory of Social Rules, McCormick’s legal system By analyzing the relationship between rules and habits and the concept of “habitual norms” issued by this theory, normative theories have filled the gap between rules and conventions, contributed to the understanding of the normative origin of laws, and promoted The development of legal theory.