Hermeneutic meta-rules: incompleteness and incoherence of the legal system
DOI:
https://doi.org/10.5335/rjd.v35i3.13274Keywords:
system; rhetorical methodology, rules and meta-rules; gaps and antinomies; integration of the legal system; impediments to retroactivityAbstract
This article, within the scope of legal theory, studies the problems of incompleteness and inconsistency in positive law. It starts from the conception of system, with wide application in legal dogmatics, and suggests the concepts of rule and meta-rule as tools to deal with the problem of antinomies within the theory of legal gaps and its objective of integrating the legal system. Following an eristic rhetorical methodology, explained throughout the text, it offers several clarifying practical examples and concludes with an analysis of the issue of retroactivity and its classic impediments, built in the democratic rule of law: acquired right, perfect legal act and res judicata.
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