VSE knjižnice (vzajemna bibliografsko-kataložna baza podatkov COBIB.SI)
  • Criminal law and legal dogmatics = La ley penal y la autoridad de la dogmática
    Manrique, María Laura ; Navarro, Pablo Eugenio ; Peralta, José Milton
    The authors expose a challenge that legal dogmatics represents to our legal institutions. Legal dogmatics often claims that it plays a necessary role in identifying legal rules and in solving their ... indeterminacies. Thus, legal dogmatics is to be viewed as an indispensable complement to legislation. Like legislation, dogmatics also attempts to provide judges with precise guidelines to help them pass the right decisions and avoid the arbitrary ones. Only under this assumption does dogmatics help to make more predictable decisions. However, the problem of dogmatics consists that the search for precision which is to intended to limit the arbitrariness of judicial decisions calls for distinctions that are per se arbitrary ones. In some cases, this arbitrariness results from an indeterminacy generated by vague rules, while in other cases the application of precise rules leads to arbitrariness because officials depart from the reasons that ground them. The challenge of dogmatics is to show that its contribution to rationality can be perceived as an improvement on the legislatorʹs contribution. That is, dogmatics must show why its rules can succeed where legislation inevitably fails for conceptual reasons. The authors of this paper claim the opposite. The application of dogmatic rules has the same conceptual difficulties as the application of legislated rules alone.Moreover, dogmatic solutions often contend with other formal justifications, i.e., reasons which ground legislated rules.
    Vir: Revus : revija za evropsko ustavnost = European constitutionality review. - ISSN 1581-7652 (Št. 31, (2017), str. 61-109, 138-139)
    Vrsta gradiva - članek, sestavni del
    Leto - 2017
    Jezik - angleški, španski
    COBISS.SI-ID - 16216657

    Povezava(-e):

    https://journals.openedition.org/revus/3806
    https://journals.openedition.org/revus/3760
    Digitalna knjižnica Slovenije - dLib.si

    Dostop z namenskih računalnikov v prostorih NUK



Vnos na polico