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Antinomies and Gaps

Authors: Pierluigi Chiassoni;

Antinomies and Gaps

Abstract

Antinomies and gaps represent, at the same time, the bêtes noires and the benchmark of practical jurists and legal methodologists in the Civil Law world. No practical jurist (be s/ he an attorney, a judge, or a legal academic) is adequately equipped (and fit) to the job, unless s/ he knows how to identify and cope with them. Likewise, no treatise on legal interpretation, no methodological primer, is worth the while, unless it provides readers with an adequate account of the twin topics— or, at least, makes a recognisable effort to that goal. In the present chapter, we propose to offer an outline of what we regard as a not idle coping with antinomies and gaps, taking stock of Civil Law methodological tradition. Such a coping, as we understand it, requires to deal with three related problems: first, the conceptual and typological problem about the notion and variety of antinomies and gaps, respectively; second, the identification problem, which requires looking at antinomies and gaps from the standpoint of legal interpretation; third, the repair problem, which concerns the ways of overcoming antinomies and gaps, once they have been identified.

Country
Italy
Related Organizations
Keywords

legal antinomies, legal gaps, concepts and types of antinomies, concepts and types of gaps, antinomies identification, antinomies resolution, gaps identification, gaps integration

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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