Original scientific paper

https://doi.org/10.3935/zpfz.73.4.4

Restrictive Interpretation of Exceptions: Identification and Hunt of Ideologies

Víctor García Yzaguirre orcid.org/0000-0002-4662-2919 ; University of Girona, Girona, Spain
Hugo Osorio Morales orcid.org/0000-0002-8918-4170 ; Austral University of Chile, Valdivia, Los Ríos, Chile

Abstract

The objective of this article is to assert that jurists advocating for the restrictive interpretation of exceptions in rules, or exceptions to rules, often do so based on an underlying interpretive ideology. To achieve this goal, we will conduct a metatheoretical analysis of how legal theorists have conceptualized the notions of restrictive interpretation and exception. This analysis aims to demonstrate that, when viewed from this perspective, there is no conceptual relationship between these two notions.

Keywords

exceptions; restrictive interpretation; rules; regulatory conflicts; interpretive ideology

Hrčak ID:

311379

URI

https://hrcak.srce.hr/311379

Publication date:

30.11.2023.

Article data in other languages: croatian

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