Incompatibility, Modal Semantics and Intrinsic Logic. Is There a Gap in the Law.
In order to answer this question, we propose in the next section an example of exchange of reasons within legal argumentation, focusing on the different uses of the A Contrario argument considered above. Besides this being gender essentialist.
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It is easy to show that this use is logically incorrect. This is an instance of weak pragmatic negation, a negation which does not determine the legal regulation of the case: This means that L assumes the authority to perform c1, because M treats such a commitment as fulfilled assuming it himself: To conclude, it is possible to point out that what justifies the claim that there is a gap in the law is not the literal formulation of a normative sentence, but rather the deontic commitments and entitlements undertaken by the speakers.
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Note however, for the sake of the example here considered, that it is conceptually incorrect to qualify a constitutional right or a liberty as a simple permission Mazzaresepp.
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In this sense the A Contrario argument is used to claim that the case is regulated by the law: But one may challenge such a use, claiming that the A Contrario argument could justify a different interpretation of the text, namely the interpretation that excludes from the application of the norm the cases that do not correspond to its literal formulation[v].
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