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.
Il caso-limite e le funzioni dei concetti giuridici / Gazzolo, Tommaso. - In: ARS INTERPRETANDI. - ISSN 1722-8352. - 2019:1(2019), pp. 31-47.
Il caso-limite e le funzioni dei concetti giuridici
Tommaso Gazzolo
2019-01-01
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.File in questo prodotto:
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