
Contents
-
-
-
-
-
-
-
-
A. Introduction: Alchourrón’s fear of snakes A. Introduction: Alchourrón’s fear of snakes
-
B. Was not Alchourrón snaking? B. Was not Alchourrón snaking?
-
1. Visiting the nest 1. Visiting the nest
-
2. Snakes do conceal and this is poison! 2. Snakes do conceal and this is poison!
-
(a) Precedents (a) Precedents
-
(b) Contributory conditionals (b) Contributory conditionals
-
-
-
C. Alchourrón’s epistemic conception of defeasibility C. Alchourrón’s epistemic conception of defeasibility
-
1. The scientific picture 1. The scientific picture
-
2. Explicit or implicit inconsistencies in the root of defeasibility 2. Explicit or implicit inconsistencies in the root of defeasibility
-
3. Defeasibility as epistemic revisability 3. Defeasibility as epistemic revisability
-
4. What should be explicit in the formal picture of defeasibility? 4. What should be explicit in the formal picture of defeasibility?
-
-
D. Do contributory conditionals really fit Alchourrón’s scientific picture? D. Do contributory conditionals really fit Alchourrón’s scientific picture?
-
E. Refinement of normative systems E. Refinement of normative systems
-
1. The refinement operator: internal and global 1. The refinement operator: internal and global
-
2. Applying the refinement operator in a normative system based on a logic of normative propositions 2. Applying the refinement operator in a normative system based on a logic of normative propositions
-
-
F. A few final words F. A few final words
-
-
-
-
-
-
-
-
-
-
-
-
-
-
3 Defeasibility, Contributory Conditionals, and Refinement of Legal Systems
Get access-
Published:September 2012
Cite
Abstract
This chapter takes up with Alchourrón's well-known attack against nonmonotonic logics. It surveys Alchourrón's convictions about legal epistemology and argues that they provided the impetus for his opposition to nonmonotonic logics. It also proposes the view that Alchourrón's approach to defeasibility leaves three important aspects aside, which seem to have been endorsed in his final writings: that the legal system is a set of strict conditional rules which is subject to change into a system containing more refined strict conditional rules; that within the normative system explicit norms have different epistemic status than derived ones (not all derived norms are valid); and that the defeat results from a creative intervention by the interpreter changing the system of rules into a more qualified and consistent system. The chapter introduces a specific revision operator, called refinement, which is taken to capture these neglected aspects and provides better representation of the so-called ‘epistemic conception’ of legal defeasibility.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
December 2022 | 2 |
April 2023 | 2 |
September 2023 | 2 |
November 2023 | 1 |
January 2024 | 2 |
March 2024 | 2 |
April 2024 | 1 |
June 2024 | 5 |
July 2024 | 6 |
October 2024 | 1 |
November 2024 | 1 |
December 2024 | 2 |
February 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.