(21) No por nada, entre los teoricos mas resueltos a sostener la inherente
defeasibility de las normas juridicas estan los autores de Ilicitos atipicos, Manuel Atienza y Juan Ruiz Manero (2000; vease tambien 2012).
Para solucao da lacuna teorica relativa a inexistencia de universidade congenere no local para onde o servidor civil ou o militar forem transferidos no interesse do servico, foi apresentada uma definicao de derrotabilidade (
defeasibility), compreendida como a capacidade do texto normativo de acomodar excecoes nao expressamente previstas pelo legislador, dada sua limitacao de prever exaustivamente todas as possibilidades de excecoes futuras.
These schemes, providing the structure of the most common and prototypical patterns of defeasible reasoning, translate into a dialectical procedure (the critical questions) for the assessment of the
defeasibility conditions of an argument.
The 12 essays emerged from a September 2010 conference on
defeasibility in ethics, epistemology, law, and logic held in Frankfurt am Main, Germany.
Given the non-monotonicity and the
defeasibility of this pattern of practical reasoning, the inferences corresponding to it can be evaluated using critical questions.
Given the objections raised in this section, it becomes clear that the apparent
defeasibility of practical reasoning must be accountable in terms of some antecedent causes.
The Supreme Court has long talked about awareness of wrongdoing as a foundational requirement of criminal responsibility, by explaining the
defeasibility of that requirement in a limited category of low-penalty, strict liability offenses that the Court has unhelpfully called "public welfare" offenses.
Under some forms of normative self-regulation some community prevents and denies itself a proper responsiveness to
defeasibility, challenging constitutive of proper or successful experience.
Therefore, if the
defeasibility of an execution lien on personal property relates to the execution's invisibility, then it does not necessarily imply the
defeasibility of the tax lien, which is based on public docketing.
Defeasibility (Scott & Lyman, 1968); the accused alleges a lack of information about, or control over, important elements of the situation (Sehonbach, 1980; Tedeschi & Reiss, 1981; Semin & Manstead, 1983).
Other evasion strategies include 1)
defeasibility, in which the organization states it did not know what to do or lacked the ability to act properly, 2) claiming the crisis was accidental or, 3) maintaining that the organization had good intentions and therefore should be exonerated.
But prima facie permanence of obligations does, like all prima facie statements imply
defeasibility. And this raises the question: what are the conditions under which permanence of obligations does not obtain?
