Chapter

Principles, Conflicts, and Defeats: An Approach from a Coherentist Theory*

Juan Manuel Pérez Bermejo

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/9780199661640.003.0018
Principles, Conflicts, and Defeats: An Approach from a Coherentist Theory*

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This chapter enquires into the defeasibility of legal principles and upholds that only a rightly interpreted principles' theory is able to reconcile law's normativity and its necessity for adaptation to change. In so doing, it examines different versions of the principles' thesis, eventually opting for a so-called ‘coherence theory’ of law, as opposed to ‘weight theories’.

Keywords: defeasibility; legal principles; principles theory; coherence theory; weight theories

Chapter.  13843 words. 

Subjects: Jurisprudence and Philosophy of Law

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