The role of Dilemmas in law
It is widely recognized that the application of legal norms can lead to normative conflicts. Alongside the notion of normative conflict, the concept of legal dilemma has gained prominence, although its use in legal discourse raises several questions. First, the concept of legal dilemma is a reproduc...
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| Language: | English |
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Union University, Faculty of Law, Belgrade
2024-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402480A.pdf |
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| author | Azevedo Sara |
| author_facet | Azevedo Sara |
| author_sort | Azevedo Sara |
| collection | DOAJ |
| description | It is widely recognized that the application of legal norms can lead to normative conflicts. Alongside the notion of normative conflict, the concept of legal dilemma has gained prominence, although its use in legal discourse raises several questions. First, the concept of legal dilemma is a reproduction, mutatis mutandis, of the concept of dilemma developed in moral philosophy. Second, some legal scholars focus exclusively on constitutional dilemmas (i.e., legal dilemmas involving constitutional norms), seemingly assuming that this is a phenomenon limited to the application of constitutional norms. This paper examines how the concept of dilemma is defined in moral philosophy and discusses whether and to what extent the proposals developed in that field can be imported into the legal world. The aim of this paper is to clarify what is usually meant by legal and constitutional dilemmas, and to identify the advantages and inconveniences of using these concepts in legal discourse. |
| format | Article |
| id | doaj-art-79ba1f3635994fd7a60c6cd0eb8e40bd |
| institution | Kabale University |
| issn | 2217-2815 2406-1387 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Union University, Faculty of Law, Belgrade |
| record_format | Article |
| series | Pravni Zapisi |
| spelling | doaj-art-79ba1f3635994fd7a60c6cd0eb8e40bd2025-02-05T13:18:11ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872024-01-0115248049910.5937/pravzap15-538032217-28152402480AThe role of Dilemmas in lawAzevedo Sara0https://orcid.org/0000-0003-0177-8677University of Lisbon, Lisbon Public Law Research Centre, Lisabo, PortugalIt is widely recognized that the application of legal norms can lead to normative conflicts. Alongside the notion of normative conflict, the concept of legal dilemma has gained prominence, although its use in legal discourse raises several questions. First, the concept of legal dilemma is a reproduction, mutatis mutandis, of the concept of dilemma developed in moral philosophy. Second, some legal scholars focus exclusively on constitutional dilemmas (i.e., legal dilemmas involving constitutional norms), seemingly assuming that this is a phenomenon limited to the application of constitutional norms. This paper examines how the concept of dilemma is defined in moral philosophy and discusses whether and to what extent the proposals developed in that field can be imported into the legal world. The aim of this paper is to clarify what is usually meant by legal and constitutional dilemmas, and to identify the advantages and inconveniences of using these concepts in legal discourse.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402480A.pdflegal dilemmasconstitutional dilemmasmoral dilemmasnormative conflicts |
| spellingShingle | Azevedo Sara The role of Dilemmas in law Pravni Zapisi legal dilemmas constitutional dilemmas moral dilemmas normative conflicts |
| title | The role of Dilemmas in law |
| title_full | The role of Dilemmas in law |
| title_fullStr | The role of Dilemmas in law |
| title_full_unstemmed | The role of Dilemmas in law |
| title_short | The role of Dilemmas in law |
| title_sort | role of dilemmas in law |
| topic | legal dilemmas constitutional dilemmas moral dilemmas normative conflicts |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402480A.pdf |
| work_keys_str_mv | AT azevedosara theroleofdilemmasinlaw AT azevedosara roleofdilemmasinlaw |