Zum Umgang mit Regel-Ausnahme-Strukturen in der juristischen Argumentation
The reconstruction of legal reasoning within the syllogistic model has a significant blind spot: it cannot represent rule-exception structures. As a result; argumentation theories based on the syllogistic model often overlook the issue of properly handling rule-exception structures in legal reasonin...
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| Materyal Türü: | Online |
| Dil: | Almanca |
| Baskı/Yayın Bilgisi: |
Nomos Verlagsgesellschaft mbH & Co. KG
2025
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| Konular: | |
| Online Erişim: | ONIX_20250718T112944_9783748947905_8 |
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| Özet: | The reconstruction of legal reasoning within the syllogistic model has a significant blind spot: it cannot represent rule-exception structures. As a result; argumentation theories based on the syllogistic model often overlook the issue of properly handling rule-exception structures in legal reasoning. By moving beyond the postulate of deduction and embracing an understanding of legal norms as reasons for action; rule-exception structures can be recognized as a fundamental aspect of legal argumentation. This approach allows for the distinction between three structurally different types of exceptions: validity exceptions; applicability exceptions; and application exceptions. |
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