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On the Rule/Exception Relation. An Inferential Approach

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Abstract

The paper offers a reconstruction of the rule/exception relation grounded in the material inferential relations between them. To this end and following Luis Duarte D”Almeida, three approaches to this relation are analysed and two constrains that serve as correction standards for them are identified. Then and resorting to Robert Brandom”s inferential semantics, a novel variant of the “conflictual” approach is proposed, one that recognising a normative conflict between rule and exception, manages to satisfy Duarte”s standards and deactivate the conflict resorting only to the involved rules.

Original languageEnglish
Pages (from-to)29-50
Number of pages22
JournalRevista de Derecho
Volume34
Issue number1
DOIs
StatePublished - 2021
Externally publishedYes

Keywords

  • inferential semantics
  • normative conflicts
  • Rule and exception

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