Variaciones sobre temas de Carlos Alchourrón y Eugenio Bulygin: Derrotabilidad, lagunas axiológicas e interpretación

Abstract

The analysis of the concepts of axiological gaps and of defeasibility from the point of view of a "realistic" theory of interpretation shows -by means of several (not quite fictitious) examples- that both concepts are the result of interpretation of legal texts. Axiological gaps and defeasibility are not objective properties of legal systems, because they depend essentially on valuations of the interpreters and interpretation is not cognition of law, but participation in making law.