Cláudia Toledo (Federal University Of Juiz De Fora): Publications

Law Faculty

PhD, 2003

Areas of Specialization

Areas of Interest

Derecho, argumentación y ponderación. Ensayos en honor a Robert Alexy (edited book)
with Gonzalo Villa Rosas, Alejandro Nava Tovar, and Arnulfo Mateos

Universidad del Externado de Colombia. 2023.
2

Tragic Cases: No correct answer?
Archiv für Rechts- und Sozialphilosophie 105 (3): 392-403. 2019.

The aim of the current article is to analyze the concept of tragic cases and its different implications based on Manuel Atienza, one of the jurists who specially addressed the issue, and on Robert Alexy, whose work is one of the main references in contemporary Legal Philosophy. According to parameters exposed by Alexy, some of Atienza’s central assertions about tragic cases are herein demonstrated as inadmissible. Based on Alexy’s work, it is possible to justify the opposite conclusion about tra…Read more
The aim of the current article is to analyze the concept of tragic cases and its different implications based on Manuel Atienza, one of the jurists who specially addressed the issue, and on Robert Alexy, whose work is one of the main references in contemporary Legal Philosophy. According to parameters exposed by Alexy, some of Atienza’s central assertions about tragic cases are herein demonstrated as inadmissible. Based on Alexy’s work, it is possible to justify the opposite conclusion about tragic cases, i. e., cases where there is more than one correct answer and these answers are opposed to each other.

Cláudia Toledo