EL ABUSO DEL DERECHO: ENTRE LA MODERNIDAD Y LA POSMODERNIDAD
The abuse of law is one of those legal concepts from which all speak, almost by intuition or common sense, and jurisprudence is not the exception, in their desire to support a decision allegedly tainted justice can use a simple phrase like all motivation. That is the risk of general legal concepts...
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| Format: | Article |
| Language: | Spanish |
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Universidad de Almería
2015-12-01
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| Series: | Revista Internacional de Doctrina y Jurisprudencia |
| Subjects: | |
| Online Access: | https://w3.ual.es/revistas/RevistaInternacionaldeDoctrinayJurisprudencia/pdfs/2015-12/EL%20ABUSO%20DEL%20DERECHO%20ENTRE%20LA%20MODERNIDAD%20Y%20LA%20POSMODERNIDAD.pdf |
| Summary: | The abuse of law is one of those legal concepts from which all speak, almost by intuition or
common sense, and jurisprudence is not the exception, in their desire to support a decision allegedly tainted justice can use a simple phrase like all motivation. That is the risk of general
legal concepts, but also its advantage as the indeterminacy allows the judge to address issues
not regulated without reference to positivism, but get out of those narrow limits requires a
strong argument justifying the sentence dose on grounds of practical rationality. The danger
of generality amendment argument. |
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| ISSN: | 2255-1824 2255-1824 |