The Exception Proves the Rule
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Holton_Exception proves.pdf
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250.77 KB
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Adobe PDF
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Author(s)
Holton, Richard
Date Issued
December 2009
Journal
Journal of Political Philosophy
Publisher
Blackwell Publishers
Citation
Holton, Richard. “The Exception Proves the Rule.” Journal of Political Philosophy 18.4 (2010): 369–388.
Version
Original manuscript
Abstract
Legal rules admit of exceptions; indeed, it has been a legal maxim that one
can infer the existence of a rule from exceptions that are made to it. Hart claims that the exceptions do not admit of exhaustive statement (a form of legal particularism) but that nonetheless rules can bind. This paper develops a logical framework which accommodates this position, shows that it is available to a positivist, elucidates the role of rules within it, and concludes by discussing the relevance to issues of judicial discretion.
MIT Department
Massachusetts Institute of Technology. Department of Linguistics and Philosophy
Terms of Use
Article is made available in accordance with the publisher's policy and may be subject to US copyright law. Please refer to the publisher's site for terms of use.
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DOI of Published Version
http://dx.doi.org/10.1111/j.1467-9760.2009.00358.x
https://doi.org/10.1111/j.1467-9760.2009.00358.x
