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In jurisprudential literature, the adjective ‘defeasible’ appears as a predicate of many terms: concepts, laws, rules, reasoning,
justification, proof, and so on. In this paper, we analyze the effects of some versions of the thesis of the defeasibility
of legal norms on the reconstruction of the notion of legal validity. We analyze some possible justifications of this thesis
considered as a claim concerning validity, and enquire into two possible sets of problems related to the defeasibility of
the criteria of identification of a legal system. We also provide a formalization of some options regarding defeasible criteria
of identification, which can be used as a tool for meta-jurisprudential analysis. Finally, the thesis according to which defeasibility
is better conceived of as a feature of legal application is examined and questioned. 相似文献
83.
Daniela Cristofoli Maria Cucciniello Marta Micacchi Benedetta Trivellato Alex Turrini Giovanni Valotti 《Public administration》2023,101(1):106-123
Turbulence appears to be a “new normal” in current societies, and public organizations need to learn how to react and adapt to it. Scholars agree on the need for robust actions to respond to turbulence. Through a qualitative comparative analysis performed on the vaccination campaigns of all 20 Italian regions, our paper explores whether different and alternative models of robustness may exist to cope with turbulence. Results shed light on three alternative models featuring static, hybrid, and dynamic robustness. They also highlight that robust governance appears to involve a capacity to learn, and to employ this learning as circumstances demand. 相似文献
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Public Choice - We study the Venezuelan hyperinflation as a political phenomenon with distributional and efficiency effects. The hyperinflation originated in publicly financed benefits for the... 相似文献
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The paper introduces the debate, hosted by the present Journal, on Schauer's book The Force of Law. It points out some starting points of the discussion and puts into question the status of contemporary jurisprudence. 相似文献
89.
Cecchetto G Viel G Amagliani A Boscolo-Berto R Fais P Montisci M 《Journal of forensic sciences》2011,56(Z1):S255-S258
The major issues of medico-legal relevance in fatal falls from a height are the manner of death and the reconstruction of the event. We present a peculiar case of a fatal fall from a height of about 9 m, involving a 27-year-old woman. At the death scene investigation, no suicide notes, housebreaking marks, or signs of fight were found, thus weakening both the suicide and homicide hypotheses. Combining circumstantial, autopsy and toxicology data, the kinematic analysis of the jump/fall, and the histological evidence of a myocardial sarcoidosis involving the left ventricle, we hypothesized that the young woman might have accidentally fallen from the window because of a sudden loss of consciousness related to cardiac disease undiagnosed during life. We believe that our brief report is a good example of the powerful additional information that histological investigations can offer for reconstructing the dynamics of the event in falls from a height and other traumatic fatalities. 相似文献
90.
A fatal suicidal intoxication with unusual drugs is reported. A 56-year-old man was found dead in his house; near by the corpse several empty drugs boxes were found. An autopsy was performed and the biological fluids were submitted to a full toxicological work-up.The analytical results supported the hypothesis of a death due to the acute baclofen (4-amino-3-(p-chlorophenyl)butyric acid) and dipyrone (sodium [N-(1,5-dimethyl-3-oxo-2-phenylpyrazolin-4-yl)-N-methylamino] methanesulfonate) intoxication. 相似文献