Tommaso Gazzolo

Borderline Cases and the Functions of Legal Concepts

  • Abstract

Informations and abstract

Keywords: Hard Borderline Cases; Application of Law; Vagueness; Legal Interpretation; H. L. A. Hart.

The paper aims to address the notion of "borderline case" by referring to series instead of classes of legal concepts. While "hard" cases are understood as cases in which the meaning of the rule is controversial, "bordeline cases" are thought of as those cases in which the meaning of the involved legal concepts is controversial. Here, the application of legal notions is not much a matter of subsumption rather than of construction from inside of the criteria for the application itself.

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