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The Completeness Of The Legal Order. Gaps In The Law

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Chapter Summary

The expression "completeness of the legal system" refers to the need for the whole legal system to be complete, i.e, that it contain the legal norms which are necessary so that any case which may arise in real life can be resolved pursuant to law. From three-dimensional standpoint, each one of these theories (theory of empty legal space, theory of exclusive general norm, and theory of non liquet prohibition) in the service of the dogma of completeness of law is rooted in a plane or level: In this way, the theory of empty legal space, on the values plane, the theory of exclusive general norm, on the legal plane, and the theory of prohibition of "non liquet," on the facts plane. The problem of legal gaps has always existed, although in the 19th century, faced with task of codifying positive law, it acquired greater importance, becoming a widely debated issue.

Keywords: empty legal space; exclusive general norm; legal system; non liquet prohibition; positive law



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