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Defeasibility in legal
theory: What is actually defeasible?
Doc. Mgr. Marek Káčer, PhD.,
Institute of State and Law of Slovak Academy of Sciences
Právny obzor, 100, 2017,
special issue, pp. 28-40.
Published online: 15.1.2018
Abstract. To what
entities can we attribute the property of defeasibility in the domain of legal
theory? This paper tries to answer the question by examining whether defeasible
are legal concepts, legal rules, legal conclusions or legal institutions. The
paper concludes in suggestion that all of the enumerated candidates can be
considered to be defeasible.
Keywords: Application of
law, defeasibility, legal concepts, legal pluralism, sequential reasoning,
subsumption syllogism
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS