Sobre "casos" y ponderación
Los modelos de Alexy y Moreso, ¿Más similitudes que diferencias?
DOI:
https://doi.org/10.5347/37.2012.123Keywords:
Cases, balancing, Alexy, MoresoAbstract
On “Cases” and Balancing: Alexy´s and Moreso´s Models, More Similarities than Differences?
This article retrieves the relevance of cases within Alexy’s balancing theory, which in my opinion has been over-shadowed by his focus on the development of balancing as a rational form of argument. This allows for a comparison with Moreso’s paradigmatic cases model, which, it will be argued, has more resemblances than differences with Alexy’s model. The conclusion is that Alexy’s theory is not as particularistic as it is sometimes assumed, nor Moreso’s model is as definitional as the author claims it to be.
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Copyright (c) 2012 Isonomía - Revista de teoría y filosofía del derecho
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