By Daniele

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Assuming that P was both justified (but not right) in believing that it is raining and in adopting the inference rule13 that the streets may be taken to be wet if it is raining, the best thing P could do is to adopt the belief that the streets are wet. Apparently, there is a difference between internal and external justification, because where for internal justification the facts are relevant, for external justification (justified) beliefs about the facts are relevant. The same point can again be made in terms of 10 11 12 13 Notice that the notions of internal and external justification as used here differ from Alexy’s use of them.

For such an audience, it may seem that P is not justified in his belief that the streets are wet, because he uses a wrong standard. The reason is that the audience replaces a standard that P is justified in accepting by a standard the audience is justified in accepting. In the eyes of the audience, the right (misleadingly called ‘justified’) conclusion cannot be that the streets are wet. ) We will encounter a more realistic example of this fallacy in section 7. The distinction between internalist and externalist epistemological theories should not be confused with the internal and the external perspective on justification.

32 Probably the possibility mentioned 29 30 31 32 Schauer 1991, 77, but see also 104f. Schauer 1991, 52. See also Raz 1975, 73, who writes that mandatory norms are exclusionary reasons. This way to deal with rules is at least similar to what Schauer calls rule-sensitive particularism. See Schauer 1991, 97 and the literature mentioned there. Schauer 1991, 31f. Law and defeasibility 23 by Bayón of a legal system that does not allow exceptions to rules is a mere theoretical possibility. Is such a mere theoretical possibility not enough to conclude that it is not a logical matter whether rules are amenable to exceptions?

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Diritto dell Unione Europea by Daniele

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