Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

2016.02.25 : View this Review Online | View Recent NDPR Reviews Luis Duarte d'Almeida, Allowing for Exceptions: A Theory of Defences and Defeasibility in Law, Oxford University Press, 2015,
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2016.02.25 : View this Review Online | View Recent NDPR Reviews Luis Duarte d'Almeida, Allowing for Exceptions: A Theory of Defences and Defeasibility in Law, Oxford University Press, 2015, 293pp., $98.50 (hbk), ISBN 9780199685783. Reviewed by Frederick Schauer, University of Virginia It is a common feature of rules, in law and elsewhere, that they are subject to exceptions. Killing another person is a crime, unless it is in self-defense, or unless it is done by a police officer in performance of his duties. Contracts signed by both parties are legally enforceable, except when one of the parties has signed under duress, or except when one of the parties is underage. And so on. In law and legal theory, rules that are subject to exceptions are often referred to, following the terminology adapted from property law by H.L.A. Hart in 1949 and then again in 1961, as defeasible. Rules are defeasible insofar as the principal prescriptions of the rule are subject to defeat if. . .

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