Scope of Exclusion
The discussion in this chapter centres on what was entitled in Chapter 2 the scope-of-exclusion reply. The chapter considers various possible scope-demarcating criteria, which involve arguments about the type of reasons authorities have power to pronounce upon as well as tools of interpretation that can help determine their directives’ scope of application. It is argued that, in at least some of the relevant disobedience-warranting situations, the reasons that warrant disobedience fall within the scope of exclusion, or cannot be marked out of that scope without relying on demarcation criteria which are themselves inconsistent with the pre-emption thesis.
2018 ◽
Vol 37
(3)
◽
pp. 431-442
Keyword(s):
2017 ◽