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The Legal OrderOn Conflicts Between Legal Rules

The Legal Order: On Conflicts Between Legal Rules [This chapter is dedicated to conflicts between legal rules which demand some kind of choice of the applicable rule, where the author differentiates collisions of rules and competition of rules. Collisions are situations where two or more rules are applicable to the same case and it is logically impossible to comply with all of them, while competitions are situations where two or more rules are applicable to the same case and, though it is not logically impossible to comply with all of them, their joint application lead to some kind of inconveniency which may justify a choice between them. Formally, in cases of competition the alternative rules belong to each other’s spectrum, while in cases of collision they belong to each other’s antithetic spectrum.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Legal OrderOn Conflicts Between Legal Rules

Part of the Law and Philosophy Library Book Series (volume 123)
The Legal Order — Aug 17, 2018

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References (1)

Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG, part of Springer Nature 2018
ISBN
978-3-319-78857-9
Pages
189 –204
DOI
10.1007/978-3-319-78858-6_10
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter is dedicated to conflicts between legal rules which demand some kind of choice of the applicable rule, where the author differentiates collisions of rules and competition of rules. Collisions are situations where two or more rules are applicable to the same case and it is logically impossible to comply with all of them, while competitions are situations where two or more rules are applicable to the same case and, though it is not logically impossible to comply with all of them, their joint application lead to some kind of inconveniency which may justify a choice between them. Formally, in cases of competition the alternative rules belong to each other’s spectrum, while in cases of collision they belong to each other’s antithetic spectrum.]

Published: Aug 17, 2018

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