Abstract

In this paper, I consider some problems concerning the structure of legal systems. In order to do this, I basically analyze the promulgation and derogation of legal rules. Frequently, promulgation has been referred to as the introduction of a rule into, and derogation as the removal of a rule from, a normative system. I try to show that there is more to it than that. One of the main ideas of the paper is that the enactment or derogation of a legal rule by an authority na restricts the competence of all lower authorities: Once a rule R has been enacted by an authority na, authorities inferior to na cannot remove R from the normative system; and when R has been derogated by na, lower authorities do not have the competence to introduce R into the system. Further important questions include: What happens with derogated rules? What is the structure of the set of derogated rules? When does a rule belong to a derogated set, and when is it removed from a derogated set? These questions are very important for a theory of legal systems, and I try to give some possible answers. Perhaps the main conclusion of the paper is that promulgation and derogation can be considered very similar processes with respect to legal systems