Abstract

GARCIA YZAGUIRRE, Víctor. Conceptual Notes for Identification of Normative Conflicts Between Norms. Probl. anu. filos. teor. derecho [online]. 2021, n.15, pp.343-371.  Epub May 31, 2022. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2021.15.16126.

The purpose of this article is to provide criteria for identifying regulatory conflicts between legal rules. To do so, an analytical approach is used to describe and analyze cases in which two conditional prescriptive rules are inconsistent with each other. Therefore, I will i) define the type of rules relevant to this study; ii) analyze the need to use logical constructs to conceptualize and formulate criteria for identifying cases of regulatory conflict; and iii) give an account of the main ways of understanding the concept of regulatory conflict. I conclude that it is necessary to adopt concepts and principles of deontic logic to be able to differentiate between cases of antinomy and those that are not.

Keywords : Normative Conflict; Conditional Norms; Principle of Non-Contradiction; Deontic Logic.

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