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  1. In Concreto Antinomies, Predictability, and Lawmaking.Guglielmo Feis - 2020 - Ratio Juris 33 (4):399-429.
    This paper investigates whether or not cases of in concreto antinomies (ICAs for short, also called indirect antinomies, accidental antinomies, normative conflicts due to the facts, predicaments, or paranomies) can be predicted. I distinguish two main theoretical positions: “Prodetection” argues that we can predict in concreto antinomies; “unpredictability” argues that we cannot predict them.I exemplify the two positions by relying on a disagreement found in the literature; then, after reviewing that disagreement, I (i) provide arguments for both positions; (ii) highlight (...)
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  • The Syntax of Principles: Genericity as a Logical Distinction between Rules and Principles.Pedro Moniz Lopes - 2017 - Ratio Juris 30 (4):471-490.
    Much has been said about the logical difference between rules and principles, yet few authors have focused on the distinct logical connectives linking the normative conditions of both norms. I intend to demonstrate that principles, unlike rules, are norms whose antecedents are linguistically formulated in a generic fashion, and thus logically described as inclusive disjunctions. This core feature incorporates the relevance criteria of normative antecedents into the world of principles and also explains their aptitude to conflict with opposing norms, namely (...)
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