Resumo

PULIDO ORTIZ, Fabio Enrique. Scope and Defeasibility of Legal Rules. Probl. anu. filos. teor. derecho [online]. 2018, n.12, pp.139-168.  Epub 01-Dez-2018. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2018.12.12446.

The article analyses the practical scope (PS) of legal rules and its relation with the defeasibility of the rules (DR). First, I argue that to determine the PS depends on three factors: a) the content of secondary rules, b) the legal systems and, c) establishing the specific and legitimate jurisdiction of the authorities. Second, I suggest that the PS can include or exclude the justificatory reasons of rules and, in those contexts where such reasons are not excluded, it is possible that they generate implicit exceptions that cannot be identified in advance. Third, the author concludes that DR is a contingent property that depends on two elements: a) the presence of justificatory reasons -that are not excluded according to secondary rules and the limited domain of authorities- and, b) that the normative consequences of such reasons cannot be identified ex-ante.

Palavras-chave : Normativity of law; legal rules; defeseability; practical reason; reasons for action.