A new article (in Polish) in Państwo i Prawo – Nr 11/2023 [933] by Dr Mikołaj Hermann entitled: “On Coupled Norms Once More”.
Abstract: The subject of the article is an analysis of the concept of coupled norms, which was introduced into Polish legal theory by J. Lande as an alternative to the three-element concept of a legal norm. I discuss the evolution of the aforementioned concept, including subsequent proposals for its modification and supplementation made by eminent Polish scholars. In this respect, I focus on the following issues: contestation of the traditional concept of structure of a legal norm, analysis of the original approach to the sanctioned norm and the sanctioning norm, and understanding of the relationship between coupled norms. Taking a critical approach to how J. Lande’s concept was received in legal scholarship, I present arguments in favour of recognizing the sanctioning norm as a norm of competence, which authorizes a state authority to impose a sanction, contrary to the common convention according to which that norm is a norm requiring it to be imposed. I also discuss the relationship between the scopes of application of coupled norms, both in terms of content and in terms of time
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