Two conceptions of norms

Abstract

The author analyses the distinction between the hyletic and the expressive conception of norms. His main goal is to reject Alchourron and Bulygin's thesis that these conceptions offer two incompatible solutions to one single problem. He argues that these conceptions deal with two different and partially independent issues. One issue regards the “genesis of norms”, that is, the process of their production. The other issue regards the “nature of norms” and, therefore, the product of that process. The author concludes that these conceptions aren’t necessarily incompatible, even though one’s proposed solution to one of the problems somehow conditions her response to the other problem.