The paper aims at (1) reconstructing Bruno Celano's theory of exceptions to legal norms, (2) holding that such a proposal does not distinguish in a proper way between different kinds of exceptions and levels of analysis of their application. The paper argues that such a proposal, though provoking and interesting under many aspects, does not offer a conceptual apparatus which is wholly apt to explain how exceptions work in the domain of judicial decision-making.
False eccezioni
Giovanni Battista Ratti
2020-01-01
Abstract
The paper aims at (1) reconstructing Bruno Celano's theory of exceptions to legal norms, (2) holding that such a proposal does not distinguish in a proper way between different kinds of exceptions and levels of analysis of their application. The paper argues that such a proposal, though provoking and interesting under many aspects, does not offer a conceptual apparatus which is wholly apt to explain how exceptions work in the domain of judicial decision-making.
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