Engaging with Friedrich Müller's Structuring Methodical Law

Luis-Quintín Villacorta Mancebo

Abstract

The text of the article tries to situate the methodical Structuring of Law because it has a different meaning to that proposed by methodical positivism, from the modulated and flexible acceptance of hermeneutic premises. For the Structuring Theory of Law, interpretation and application lack autonomy as such. Therefore, for the Structuring Theory of Law, the legal norm is adopted as a “product”, and the resolution of each conflict requires a new normative production until its delivery as a decision-making norm.