Competences and Formal Principles
摘要
Normative competences are a crucial feature of law, but also of autonomy as self-legislation. A normative competence implies the capability to change the normative situation because of an intentional act directed to this change. Competence norms confer such a power to an agent, depending on certain conditions. Legal competences confer the power to change the legal situation. Autonomous morality includes the competence to present normative arguments, thus making them valid as arguments, as well as the competence to form normative judgements based on the balancing of normative arguments. A characteristic of normative competences is that the intention to determine the normative situation is the reason for recognising a certain norm as valid. Hence, they present a specific type of normative position of the competence holder.