<i>Sein, Sollen, Wollen</i> : Recasting Legal Norms in a Logical-Teleological Key

Abstract This article substantiates Dworkin’s conjecture that the distinction between legal rules and principles is logical by advancing a logical-teleological framework grounded in the triad of facticity ( Sein ), prescriptivity ( Sollen ), and collective will ( Wollen ). It demonstrates that principles, rules, and policies correspond to irreducible logical forms: principles as value-based categorical judgments, rules as hypothetical judgments, and policies as relational judgments that coordinate diverse norms towards shared objectives. This framework posits Wollen as the essential bridge between facticity and prescriptivity, revealing the intrinsic purposive architecture of law , which the rule-principle dichotomy obscures. This reconstruction enriches the processes of adjudication, legislation, and legal education, offering a diagnostic tool for navigating the complexities of the modern regulatory state and legal technology.

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Publication Details

Journal
Canadian Journal of Law & Jurisprudence
Published
2026-07-27
DOI
https://doi.org/10.1017/cjlj.2026.10070
Primary Topic
Philosophical Ethics and Theory
Type
article
Field-Weighted Citation Impact
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article

Sein, Sollen, Wollen : Recasting Legal Norms in a Logical-Teleological Key

João Alberto de Oliveira Lima
Canadian Journal of Law & Jurisprudence
Philosophical Ethics and Theory
article

Sein, Sollen, Wollen : Recasting Legal Norms in a Logical-Teleological Key

João Alberto de Oliveira Lima
article en

Abstract

Abstract This article substantiates Dworkin’s conjecture that the distinction between legal rules and principles is logical by advancing a logical-teleological framework grounded in the triad of facticity ( Sein ), prescriptivity ( Sollen ), and collective will ( Wollen ). It demonstrates that principles, rules, and policies correspond to irreducible logical forms: principles as value-based categorical judgments, rules as hypothetical judgments, and policies as relational judgments that coordinate diverse norms towards shared objectives. This framework posits Wollen as the essential bridge between facticity and prescriptivity, revealing the intrinsic purposive architecture of law , which the rule-principle dichotomy obscures. This reconstruction enriches the processes of adjudication, legislation, and legal education, offering a diagnostic tool for navigating the complexities of the modern regulatory state and legal technology.

Canadian Journal of Law & Jurisprudence
Universidade de Brasília (BR), Federal Senate (BR)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Philosophical Ethics and Theory
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<i>Sein, Sollen, Wollen</i> : Recasting Legal Norms in a Logical-Teleological Key — João Alberto de Oliveira Lima · Canadian Journal of Law & Jurisprudence (2026) | TGRS Research Map | TGRS