Uninormative conflicts in the general theory of normative conflicts
This paper focuses on uninormative conflicts – i.e., conflicts that stem from one (and only one) legal norm. This phenomenon cannot be traced back to the widespread notion of normative conflict, since normative conflicts require an overlap between two or more norms (and therefore refer only to so-ca...
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| Publicat a: | URI:https://journals.openedition.org/revus, |
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| Autor principal: | |
| Format: | Article ou chapitre numérique |
| Idioma: | Anglais |
| Publicat: |
Revus
2024
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| Accés en línia: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Sumari: | This paper focuses on uninormative conflicts – i.e., conflicts that stem from one (and only one) legal norm. This phenomenon cannot be traced back to the widespread notion of normative conflict, since normative conflicts require an overlap between two or more norms (and therefore refer only to so-called plurinormative conflicts). This paper has two main aims. On the one hand, to ascertain whether and how uninormative conflicts can be framed within a (necessarily broader) concept of normative conflict. On the other hand, to demonstrate that the mechanisms developed by legal theory against the background of plurinormativity can be applied, mutatis mutandis, to the field of uninormativity. |
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