Episode 7 - The debate on rules & principles, genericity and categorisation (fr. Pedro Moniz Lopes)

In this episode, we delve into the debate on rules and principles, the topic of law and categorisation, and the connection between equality (and analogy). Why the obsession in philosophy of law with the rules/principles debate? Is the distinction purely definitional or also substantial? How is the element of genericity – not generality - important for the debate? Does equality have something to do here? And analogy? Pedro Moniz Lopes discusses with us why the distinction between rules and principles is better understood as a strong distinction, different of the kind proposed by Robert Alexy. This strong distinction is based on the key criterion of genericity – that is, based on the specificity of the action that is being governed by the norm. We explore how categorisation might not be purely didactical or pedagogical and its role in allowing us to anticipate the way entities behave in reality, the possible parallels between principles in law and causal forces in the natural world in regards to explanation, how equality factors in the discussion regarding genericity and principles, and how analogy enters the picture.   Pedro Moniz Lopes is an Assistant Professor of Legal Philosophy and Constitutional Law at the Faculty of Law, University of Lisbon. He co-heads “Lisbon Legal Theory” and is a Senior Fellow of the Lisbon Public Law Research Centre in which he coordinates research activities in the field legal theory and legal philosophy.  Pedro has also been the Executive Director of e-Publica – Public Law Journal for the past 10 years.  His current research interests are constitutional equality and analogical reasoning, linguistic and logical accounts of generic norm sentences and marginal utility of fundamental rights.  Pedro’s work is mostly available at his academia page: https://pedromonizlopes.academia.edu/ [This episode was hosted by Julieta Rabanos and Bojan Spaić; edited by Bojan Spaić; uploaded and formatted by Julieta Rabanos]   (00:00:00) Intro HAPL (00:00:18) Introduction to the episode (00:01:09) Pedro Moniz Lopes – Academic Genealogy and Research Interests (00:07:07) Research Groups – Lisbon Legal Theory and History (00:13:54) Rules & principles: Arrival to the Distinction and Criteria for Distinguishing (00:26:12) Rules & principles: what entities are they? How does this connect with the issue of categorisation? (00:32:28) Genericity as the distinction criterion between rules & principles (00:48:04) The role of equality in the discussion on categorisation & rules and principles (01:00:24) Equality and analogy: similarities and differences (01:08:55) How to Frame the Discussions regarding Rules & Principles: from the Legal System to Legal Practitioners (01:16:58) Farewell and last words (01:21:00) Outro HAPL