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Defeasibility and legal indeterminacy

In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press (2012)

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  1. Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint.Francesca Poggi - 2020 - Argumentation 35 (3):409-434.
    The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...)
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  • Judicial Discretion as a Result of Systemic Indeterminacy.Sebastián Reyes Molina - 2020 - Canadian Journal of Law and Jurisprudence 33 (2):369-395.
    The main claim of this paper is the following: In a typical rational legal system, legal adjudication is necessarily discretional. Discretion is the result of what I call ‘systemic indeterminacy’. Systemic indeterminacy is the thesis that claims that typical rational legal systems that have an interpretative code with more than one interpretative directive and the non-redundancy clause are necessarily indeterminate. Since typical rational legal systems do not have redundant rules a plurality of interpretative directives will necessarily yield a plurality of (...)
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