Distinguishing the distinguishable: interpretative norms and interpretative criteria in adjudication of meaning

Interpretative norms are contingent norms of legal systems: a system either comprises them or it does not and, if it does, it can comprise either interpretative norm «A» or «B». Interpretative norms are norms that provide criteria (namely, lawmaker’s intention or coherence of the system) to choose among the alternatives of meaning given by a linguistically uncertain norm sentence. When applied by the agent, an interpretative norm either solves the uncertainty at hand (selecting one meaning) or, if such reduction of interpretive discretion to zero is not the case, simply decreases the range of uncertainty. In this latter scenario, a solution ought to be obtained (prohibition of non liquet) and the agent is «free» to elect other criteria for the choice. However, criteria provided by interpretative norms and these other «elected criteria» are not at the same level (they have different deontic statuses): the permissible selection and application of such «elected criteria» to a linguistically uncertain norm sentence is only admissible when the mandatory criteria provided by interpretative norms are exhausted.