Questioning the nature of gaps in the law : [(organic) gaps in the law]
Pavčnik, Marijan (Author)

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The basic question is whether and in what sense it is possible to speak about gaps in the law. If we disagree with Kelsen's thesis that the nature of gaps in the law is that of an ideological formula, then we have to define them legally and to find the criteria regarding how they can be filled. It is also important that incompletenesses as regards contents - Hart treats them as "open texture" - are organic (natural, inevitable) parts of laws. The Slovene Courts Act is in accord with this thesis and for that very reason provides - the provision was written by the author of this paper - that "the judge has to decide in such a way as if he had in front of him an indefinite number of equal cases" (Art. 3/3).

Keywords:filozofija prava, pravna praznina, enakost, zloraba prava
Work type:Not categorized (r6)
Tipology:1.01 - Original Scientific Article
Organization:PF - Faculty of Law
Number of pages:str. 119-128
Numbering:no. 16
ISSN on article:1825-1927
COBISS.SI-ID:12619089 Link is opened in a new window
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Shortened title:I-lex
Publisher:Francesco Romeo
COBISS.SI-ID:12618833 This link opens in a new window

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