Prima facie validity and the principle of defeasibility of the law
Keywords:
Legal interpretation, legal duties, prima facie, final validity, defeasibility principleAbstract
This article explores the theoretic implications of prima facie and how it relates to defeasibility, a principle that can be applied to justify the failure to fulfill a legal obligation when there is a duty to comply with another obligation in a context in which the two are incompatible. We will start from the support of the concept by analyzing the role and the importance of context in legal reasoning; then, we will arrive at specific guidelines on how it works in judicial practice by providing some hypothetical and judicial examples.
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