From inconsistent obligations to the possibility of legal gluts

Bibliographic Data

ID21335699
AuthorsBradley Armour‐garb (0000-0002-1351-3230, University at Albany, State University of New York, corresponding author)
Year2024
Volume67
Issue9
Pages3584-3599
Publication date2024-10-20
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueInquiry (JOURNAL)
Journal identifiersISSN: 0020-174X • E-ISSN: 1502-3923
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/0020174x.2022.2092208
OpenAlexW4283806942
LanguageEN
Citations received2
References cited8

Do inconsistent laws, which are in the form of inconsistent legal obligations, provide us with good reasons for accepting the possibility of legal gluts, which are true legal statements whose negations are also true? Given the contingencies of the law, it is unlikely that many will deny the possibility of inconsistent legal obligations, but it remains an ongoing debate whether these lead to any legal gluts. In a recent debate, Graham Priest [Priest, G. 2006. In ‘Contradiction’. In First printed by Martinus Nijhoff in 1987. 2nd ed. Oxford: Oxford University Press; Priest, G. 2017. ‘Where Laws Conflict: An Application of the Method of Chunk and Permeate’. In Law and the New Logics, edited by H. Glenn, and L. Smith, 168–180. Cambridge: Cambridge University Press] has argued from inconsistent obligations to legal gluts and JC Beall [Beall, JC 2017. ‘On inconsistent laws and gluts’. In Law and the New Logics, edited by H. Glenn, and L. Smith, 199–207. Cambridge: Cambridge University Press.], while he has acknowledged that there are inconsistent obligations, has argued against Priest’s arguments for legal gluts. In this paper, after reviewing the debate, I adjudicate it and provide reasons for resisting Beall’s arguments again Priest thereby providing a possibility for legal gluts

Business · Economics · Law and economics · Judicial and Constitutional Studies · Legal principles and applications · Political Philosophy and Ethics

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