Zum Umgang mit Regel-Ausnahme-Strukturen in der juristischen Argumentation

The reconstruction of legal reasoning within the syllogistic model has a significant blind spot: it cannot represent rule-exception structures. As a result, argumentation theories based on the syllogistic model often overlook the issue of properly handling rule-exception structures in legal reasoning. By moving beyond the postulate of deduction and embracing an understanding of legal norms as reasons for action, rule-exception structures can be recognized as a fundamental aspect of legal argumentation. This approach allows for the distinction between three structurally different types of exceptions: validity exceptions, applicability exceptions, and application exceptions.