Why not ponder or subsume?
DOI:
https://doi.org/10.29293/rdfg.v7i01.253Keywords:
Decision. Ponder. Principles. Rules. Subsume., Decision, Ponder, Principles, Rules, SubsumeAbstract
The aim of this article is to analyze the compatibility of the subsumption and the weighting, used to apply the rules and principles, with the needs of Contemporary Constitutionalism. It will be investigated whether proposals for decision-making techniques, widely adopted in the country's legal literature, are adequate to what is expected of a new legal paradigm called post-positivism (re-thought from the Democratic State of Law), anticipating that the hypothesis points in the direction of a negative answer, in view of the identity that is established between the above mentioned techniques and the positivist paradigm.
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Copyright (c) 2020 Jeferson Dytz Marin, Nelson Gularte Ramos Neto
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