Practice Samples

Lucas Misseri - Defeasibility

The goal of this lecture is to introduce the concept of defeasibility, its implications and challenges in the field of legal theory and, finally, to explain a particular approach –the postpositivist one– to the challenges defeasibility raises for our understanding of the practice of law.

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Defeasibility

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What is the purpose of Atienza and Ruiz Manero’s concept of “atypical acts”?

To give adequate account of the defeasibility of the pre-existing rule from a post-positivistic point of view.

To explain the impossibility of defeating rules from a positivistic point of view.

To give adequate account of the defeasibility of the pre-existing rule from a contemporary Natural Law approach.

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Which concept can we say Aristotle linked to defeasibility?

Dikaiosyne (justice).

Epieikeia (equity).

Arete (virtue).

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According to authors as Hart, Schauer, and Bayón. Defeasibility in Law is…

Necessary.

Impossible.

Contingent.

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In the context of defeasible reasoning, non-monotonic means that…

The antecedent is contributing but not sufficient for the consequent.

The antecedent is sufficient for the consequent.

It is dialogical, that is why it is not monotonous (there is more than one reasoner).

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