Publication Date:
2019
Short description:
Il caso-limite e le funzioni dei concetti giuridici / Gazzolo, Tommaso. - In: ARS INTERPRETANDI. - ISSN 1722-8352. - 2019:1(2019), pp. 31-47.
abstract:
The paper aims to address the notion of “borderline case” by referring to series instead
of classes of legal concepts. While “hard” cases are understood as cases in which the
meaning of the rule is controversial, “bordeline cases” are thought of as those cases in
which the meaning of the involved legal concepts is controversial. Here, the application
of legal notions is not much a matter of subsumption rather than of construction
from inside of the criteria for the application itself.
of classes of legal concepts. While “hard” cases are understood as cases in which the
meaning of the rule is controversial, “bordeline cases” are thought of as those cases in
which the meaning of the involved legal concepts is controversial. Here, the application
of legal notions is not much a matter of subsumption rather than of construction
from inside of the criteria for the application itself.
Iris type:
1.1 Articolo in rivista
Keywords:
Borderline Cases – Application of Law – Vagueness – Legal Interpretation – H.L. A. Hart.
List of contributors:
Gazzolo, Tommaso
Published in: