Derivative recognition and intersystemic interpretation

HIGHLIGHTS

  • What: This will not be true in all cases; when state law is indeterminate-that is, there is a gap in the law-the federal court`s duties are different, but for the purposes of this article I set aside such cases. A jurisdiction`s methodology will inevitably be based to some extent on the content of its rule of recognition because the main purpose of the methodology, from the judges` point of view, is that it helps them to ascertain norms that satisfy the criteria of validity . For the purposes of this section, I have focused . . .

     

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