Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Coherence Of The Legal Order. Legal Antinomies

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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

10.1163/ej.9789004179325.i-376.38
/content/books/10.1163/ej.9789004179325.i-376.38
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    A Three-Dimensional Theory of Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation