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CONCRETISATION

CONCRETISATION. CHAPTER 8. THREE POSSIBILITIES DURING CONCRETISATION. 2. Modification is necessary. 1. No Problem with correlation. 3. No modification is possible. 2.2 Extensive interpretation. 2.1 Restrictive interpretation. Cessante ratione legis Eiusdem generis.

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CONCRETISATION

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  1. CONCRETISATION CHAPTER 8

  2. THREE POSSIBILITIES DURING CONCRETISATION 2. Modification is necessary 1. No Problem with correlation 3. No modification is possible 2.2 Extensive interpretation 2.1 Restrictive interpretation Cessanterationelegis Eiusdem generis

  3. THREE POSSIBILITIES DURING CONCRETISATION 2. Modification is necessary 2.1 Restrictive interpretation 2.2 Extensive interpretation Text PUrpose Text PUrpose

  4. THREE POSSIBILITIES DURING CONCRETISATION 2. Modification is necessary 2.2 Extensive interpretation Text PUrpose

  5. Extensive interpretation Ex contrariis Every citizen must undergo military training Does that mean that non-citizens do not have to by implication?

  6. IMPLIES EVERYTHING NECESSARY TO PERFORM ACTION A – PART OF LEGISLATION – EXTENDS THE MEANING OF THE TEXT. LEGISLATION ACTION A ALLOWED ACTION A + IMPLIED ACTIONS ALLOWED

  7. THREE POSSIBILITIES DURING CONCRETISATION 2. Modification is necessary 1. No Problem with correlation 3. No modification is possible 2.2 Extensive interpretation 2.1 Restrictive interpretation Cessanterationelegis Eiusdem generis

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