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The Coherence Of The Legal Order. Legal Antinomies

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Chapter Summary

This chapter distinguishes between dynamic and static legal systems in order to respectively refer to law and moral, and between inductive and deductive legal systems according to how one can refer respectively to positive or natural law. Antinomies are the result of applying two principles of legal logic: that of sufficient grounds and that of no contradiction. The chapter also distinguishes between criteria to resolve antinomies between norms, on the one hand, and criteria to resolve antinomies between the criteria themselves to resolve antinomies between norms (or in other words, criteria to resolve second degree antinomies), on the other. Amongst the first which are classics are the hierarchical criteria (the higher law derogates the lower one), the chronological criteria (the later law derogates the earlier one) and the speciality criteria (the special law derogates the general one).

Keywords: chronological criteria; dynamic legal system; hierarchical criteria; legal antinomies; speciality criteria; static legal system



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