NORMAS PERMISIVAS Y DEBERES DE TOLERANCIA

Abstract

The paper sets forward a "negative" conception of permissive norms, defined by their exclusionary effect with regard to some set of prohibition-norms, built upon a conceptual apparatus which results from an effort to integrate the tradition of the theory of norms with the discourse of analytical action-theory and analytical jurisprudence. This leads to a critique of the conceptions according to which permissive norms recognized as justification-conditions could serve as grounds for "intervention-rights" and "toleration-duties". In this regard, it is claimed that such toleration-duties, defined as omission-duties, can only be imposed by a prohibition-norm (itself not excluded by a permissive norm). Upon these bases, the article offers a norm-theoretical reconstruction of the requirement that aggression be "unlawful" as precondition of self-defense.