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A Paradox of Hart’s Fallible Finality

The paper constitutes an appeal to redefine the concept of the fallibility of final judicial decisions. Its standard understanding, based on Hart’s work, is far more problematic than is usually assumed. The author shows that the usual understanding gives rise to a contradiction. Namely, that it is (sometimes) legally correct to do that which is not legally correct. The author then briefly tests three methods of solving the problem. He concludes that none of them speaks in favour of distinguishing between the finality and infallibility of judicial decisions. Accordingly, he re-examines Hart’s motivations for embracing that distinction and identifies a misstep in his reasoning

Università degli studi di Genova - Facoltà di Giurisprudenza - Dipartimento di cultura giuridica Giovanni Tarello

Autor: Kristan, Andrej
Data: 5 juny 2018
Resum: The paper constitutes an appeal to redefine the concept of the fallibility of final judicial decisions. Its standard understanding, based on Hart’s work, is far more problematic than is usually assumed. The author shows that the usual understanding gives rise to a contradiction. Namely, that it is (sometimes) legally correct to do that which is not legally correct. The author then briefly tests three methods of solving the problem. He concludes that none of them speaks in favour of distinguishing between the finality and infallibility of judicial decisions. Accordingly, he re-examines Hart’s motivations for embracing that distinction and identifies a misstep in his reasoning
Accés al document: http://hdl.handle.net/2072/319318
Llenguatge: eng
Editor: Università degli studi di Genova - Facoltà di Giurisprudenza - Dipartimento di cultura giuridica Giovanni Tarello
Drets: Tots els drets reservats
Matèria: Sentències
Judgements
Hart, H. L. A. (Herbert Lionel Adolphus), 1907-1992
Títol: A Paradox of Hart’s Fallible Finality
Tipus: info:eu-repo/semantics/article
Repositori: Recercat

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