The law crisis for discretion in legislative

doi.org/10.29327/217514.7.1-17

Abstract

In Jeremy Waldron's theory, we have the presentation of ways of thinking about legislation as a model of dignified governance and a source of respectable law. However, the legislation has a bad reputation in the legal and political philosophy that, in the view of this author could not even be discussed, because there is even a normative theory of the legislation. Would this proposition be applied to our ordering? Is not our legislative process such a normative theory? Does not Brazil have enough positive theorization and regulation to compose this much-needed normative theory? What is wanted is the establishment of a logical procedure, by which one withdraws from the said premise, a conclusion that comes directly from it. "It is a passage from the universal to the private and to the singular. From a general principle, we deduce others less general to particular facts.