La interpretación de las normas: Francisco Suárez y los límites del silogismo
Legal regulations were born to be applied so we have to take into account factual reality as well as the statement of the regulation due to analyze if are subsumed in the regulation purpose. This process is denominated interpretation. A priori, it seems to be easy, but many issues can appear special...
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Format: | Article |
Language: | Spanish |
Published: |
2017
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6110963 |
Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 10, 2017, pags. 78-153 |
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Summary: |
Legal regulations were born to be applied so we have to take into account factual reality as well as the statement of the regulation due to analyze if are subsumed in the regulation purpose. This process is denominated interpretation.
A priori, it seems to be easy, but many issues can appear specially when the text appears shady so that it´s necessary to find out sense. This unclarity may appear for several reasons: from legal text inaccuracy to a deep difference of opinion between law and the reality we pretend to apply.
Following this framework, we could guess if the interpretation should be based exclusively in the legal text or if otherwise we have to use additional or extra legal issues to be applied with justice. With this current work i will stand up for the necessity of using those judgments to reach an hermeneutic regulation which could reach justice in this specific regulation, I mean, individuality of general orders so that it would be reasonable due to the actual interpretative doctrines. |
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