Abstract

MORESO, J. J.. Consistencia mediante jerarquía. Anal. filos. [online]. 2013, vol.33, n.1, pp.94-102. ISSN 1851-9636.

In this contribution, I shall intend to show that the criterion lex superior derogat legi inferiori has a consequence which, as far as I know, has not been noted yet: if the higherlevel norms in a legal system, i.e. constitutional norms, configure a consistent set, then necessarily the legal system is consistent. Lex superior preserves necessarily the consistency, as it were. If higher-level norms are members of a consistent set, then the lower-levels could admit no norm in contradiction with the higher-level norms. Moreover, given that from a contradiction follows anything, in virtue of the logical principle ex falso quodlibet, from two contradictory lower-level norms follow some norms in contradiction with norms of the higher-level, thus contradictory norms could never be admit in the lower-levels.

Keywords : Normative systems; Derogation; Hierarchies of norms; Normative consistency; Deontic logic; Alchourrón; Bulygin.

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