Victor Garcia Yzaguirre, Introduction to Defeasibility & Types of Implicit Exceptions

Defeasible Reasoning

Victor Garcia Yzaguirre, Introduction to Defeasibility & Types of Implicit Exceptions

This lecture provides an overview of how legal theorists have understood the notion of defeasibility, i.e., that norms possess non-enumerable implicit exceptions prior to their application. In the first conference, we will examine what constitutes an implicit exception. In the second session, we will analyze two ways of understanding the process and outcome of defeating a norm.

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Introduction to Defeasibility and Types of Implicit Exceptions

1 / 3

In what ways can a judge defeat a norm?

By reinterpreting the normative text contained in a source of law or by creating a hierarchy between norms.

Only by deciding to make a norm inapplicable.

Only by explicating an implicit assumption contained in the antecedent of the norm.

None of the above.

2 / 3

What does it mean for rules to be defeasible?

That their antecedent is not composed of a sufficient condition for the consequent.

That their antecedent can be revised by the judge to include more properties linked together through a disjunction.

That it is a useless norm for guiding behaviour.

All of the above.

3 / 3

How can a judge create an implicit exception to a rule of conduct?

By making explicit the implicit assumptions contained in the antecedent of the norm.

By resolving a conflict between a rule created by the judge himself and an explicit norm.

By using the argument of dissociation.

All of the above.

Your score is

Defeasible Reasoning

Victor Garcia Yzaguirre, Introduction to Defeasibility & Types of Implicit Exceptions

Lecture Part 1

Part 2

Quiz