Mixing Legal and Non-legal Norms

In Boer et al. (viz. [9]) we argued that evaluation of draft legislation. change from an old to a new regime. harmonization of legislation from multiple jurisdictions. and the decision to move a good. person. or service over the borders of a jurisdiction. involves a process of integration and comparison of preference structures. This paper argues that legal norms are in many contexts best understood as expressions of a ceteris paribus preference. and that this viewpoint adequately accounts for normative conflict and contrary-to-duty norms.