Interlegal Balancing: Rejoinder to Wei Feng's Comments

Center for Inter-Legality Research Working Paper Series No. 04/2020, Sant'Anna School of Advanced Studies, Pisa, Italy

16 Pages Posted: 20 Feb 2021

See all articles by Gabriel Encinas

Gabriel Encinas

Scuola Superiore Sant'Anna di Pisa

Date Written: September 2020

Abstract

In this rejoinder, I proceed through the three main sections in Wei Feng’s comments. In the first section, hierarchy and legal order, I address the following four points: the aims in the first main section of my working paper; the conceptual necessity of hierarchy for a legal order; the compatibility of Kelsen’s take on primacy with “rules with significant contents or values”; and the cumulative construction of hierarchy between legal orders. In a second section, I address the detached sense in which I invoke the ideas of classifying and qualifying criteria of (inter-)legality. In the third section, on modes of balancing concerning formal principles, I address the following four points: the limited scope of my argument regarding models for balancing formal principles; the nature of competence rules and their relation to formal principles; the choice among models for balancing formal principles; and whether my qualifying criteria of interlegality should be read inlegal positivist or non-positivist terms in order to be a sound proposal.

Keywords: Interlegal balancing, hierarchic structure of law, formal principles, competence rules; global legal pluralism; inter-legality; balancing competences

Suggested Citation

Encinas Duarte, Gabriel Alejandro, Interlegal Balancing: Rejoinder to Wei Feng's Comments (September 2020). Center for Inter-Legality Research Working Paper Series No. 04/2020, Sant'Anna School of Advanced Studies, Pisa, Italy, Available at SSRN: https://ssrn.com/abstract=3747204 or http://dx.doi.org/10.2139/ssrn.3747204

Gabriel Alejandro Encinas Duarte (Contact Author)

Scuola Superiore Sant'Anna di Pisa ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy

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