INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Introduction to Civil Law soru detayı:

PAYLAŞ:

SORU:

What is "gap" in law methodology?


CEVAP:

Gap is one of the most contested concepts in legal methodology. According to the assumption of legal positivism, a state legal order is a complete system without gaps. The prevailing view is, however, that gaps exist and must be closed. Although gap- filling in law uses the methods of interpretation, the distinction between interpretation and gap- filling needs to be acknowledged.