Chapter

Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility*

Jonathan Remy Nash

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/9780199661640.003.0022
Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility*

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This chapter argues that the extent to which law is defeasible is heavily contextual. In order properly to understand different conceptions of defeasibility, it is important to locate the context in which different conceptions are offered. The chapter is organized as follows. Section A briefly elucidates the concept of legal defeasibility. Section B describes how the concept of defeasibility will vary with the context of the relevant legal setting in which it is examined. Section C provides evidence of substantial indefeasibility in U.S. jurisprudence. Section D briefly concludes.

Keywords: legal defeasibility; law; indefeasibility

Chapter.  17066 words. 

Subjects: Jurisprudence and Philosophy of Law

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