Araszkiewicz on (In)Defeasible Legal Rules

Dr. Michał Araszkiewicz of Jagiellonian University presented a paper entitled (In)Defeasible Rules, 27-29 September 2013 at Rules 2013 in Krakow.

Here is the abstract:

This paper aims at obtaining two results: (1) to provide a new argument against the strong defeasibility thesis concerning legal rules and (2) to investigate the methodology of theoretical discussion concerning this thesis. In particular, we will focus on the conditions for meaningful discussion of this thesis. The order of investigations is as follows. In Section 2 we outline the concept of defeasibility and defeasible rules. In Section 3 we focus on defeasibility of legal rules. In Section 4 we look at the problem of defeasibility of legal rules from a broader perspective, focusing on the conditions of meaningfulness of discussion of this legal-theoretical problem. Then in Section 5 our suggestion of answer to the question: “are legal rules defeasible in strong sense?” is presented. Finally, Section 6 concludes.

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