Chapter

Defeasibility and Legal Indeterminacy*

Pierluigi Chiassoni

in The Logic of Legal Requirements

Published in print September 2012 | ISBN: 9780199661640
Published online January 2013 | e-ISBN: 9780191745461 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199661640.003.0009
Defeasibility and Legal Indeterminacy*

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The first part of this chapter provides a very sketchy analysis of ‘legal indeterminacy’, pointing out a few basic, clearly stated notions. The second part attempts a similar analysis for ‘defeasibility’. The third and final part matches the outcomes of the inquiries from the two previous parts. It suggests the following points regarding the defeasibility-indeterminacy relationships: textual indeterminacy may depend on norm-defeasibility; normative indeterminacy may depend on norm-defeasibility; and norm-defeasibility depends on methodological indeterminacy.

Keywords: legal indeterminacy; textual indeterminacy; norm-defeasibility; normative indeterminacy; methodological indeterminacy

Chapter.  17523 words. 

Subjects: Jurisprudence and Philosophy of Law

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