Abstract
This chapter is dedicated to conflicts between legal rules which demand some kind of choice of the applicable rule, where the author differentiates collisions of rules and competition of rules. Collisions are situations where two or more rules are applicable to the same case and it is logically impossible to comply with all of them, while competitions are situations where two or more rules are applicable to the same case and, though it is not logically impossible to comply with all of them, their joint application lead to some kind of inconveniency which may justify a choice between them. Formally, in cases of competition the alternative rules belong to each other’s spectrum, while in cases of collision they belong to each other’s antithetic spectrum.
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Notes
- 1.
In Lindahl and Reidhav (2015), pp. 49–95, definitions of different kinds of conflicts – including conflicts between competence (power-conferring) norms – are formulated within the framework of a formal language.
Reference
Lindahl L, Reidhav D (2015) Conflicts of legal norms: definitions and varieties. In: Araszkiewicz M, Pleszka K (eds) Logic in the theory and practice of lawmaking. Springer, Berlin, pp 49–95
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Frändberg, Å. (2018). On Conflicts Between Legal Rules. In: The Legal Order. Law and Philosophy Library, vol 123. Springer, Cham. https://doi.org/10.1007/978-3-319-78858-6_10
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DOI: https://doi.org/10.1007/978-3-319-78858-6_10
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