ANTECEDENT OF NORMS AND IMPLICIT EXCEPTIONS AN ANALYSIS PROPOSAL

Abstract

In this article I analyze the concept of implicit exception and clarify if it allows us to present a structural component of the antecedent or not. For this, I carry out: i) an analysis of the notion of antecedent and its components; and ii) an analysis of the different ways of understanding the implicit exceptions in legal theory. I conclude that with the notion of implicit exception we are presenting types of operations and its results and not a structural component of the antecedent. Firstly, it may be used to present the process and result of better understanding the content of the antecedent of a norm. Secondly, it may be used to present the process and result of creation of the law by judges.

Keywords

• Implicit exceptions
• antecedents
• rules
• judicial creation of law
• normative conflict