La derrotabilidad jurídica como relación sistemática compleja

This paper argues that the phenomenon of legal defeasibility is best understood by considering a model that is characterized by two main elements. The first element is the existence of a specific type of normative conflict -i. e. the conflict between a norm derived from an explicit legal standard and another norm, derived from an implicit legal standard-. The second element is that this specific type of normative conflict is solved by giving priority to the norm derived from an implicit standard. This analysis also allows one to furrher explore the difference berween situations of normative conflict that should be properly explained in terms of legal defeasibility and other situations, that should not be reconstructed in those terms, since they embody a different kind of normative conflict.