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The Logic of Legal Requirements – Essays on Defeasibility - Oxford Scholarship Online
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The Logic of Legal Requirements: Essays on Defeasibility

Jordi Ferrer Beltrán and Giovanni Battista Ratti

Abstract

When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes e ... More

Keywords: legal rule, philosophy of logic, legal norms, legal defeasibility, legal interpretation, jurisprudence, law, morality

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199661640
Published to Oxford Scholarship Online: January 2013 DOI:10.1093/acprof:oso/9780199661640.001.0001

Authors

Affiliations are at time of print publication.

Jordi Ferrer Beltrán, editor
Associate Professor and Director of the Chair of Legal Culture, University of Girona

Giovanni Battista Ratti, editor
Juan de la Cierva Fellow in Law, University of Girona

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Contents

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Legal Defeasibility: An Introduction

Jordi Ferrer Beltrán * and Giovanni Battista Ratti **

Part I General Features of Defeasibility in Law and Logic

1 Defeasibility and Legality: A Survey*

Jordi Ferrer Beltrán and Giovanni Battista Ratti

2 On Law and Logic*

Carlos E. Alchourrón

7 Defeasible Properties*

Rafael Hernández Marín

Part II Defeasibility and INterpretation

11 Exceptions*

Daniel Mendonca

Part III Defeasibility and the Conceptions of Law

14 Rules, Principles, and Defeasibility*

Manuel Atienza and Juan Ruiz Manero

Part IV Defeasibility and Adjudication

End Matter