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    Rules of Inference and Rules of Collision

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    This document discusses rules of inference and rules of collision in legal reasoning. It provides examples of situations where legal rules or principles may conflict. Three common rules used to resolve collisions are discussed: the rule of specificity, where the more specific rule takes precedence; the rule of hierarchy, where higher-ranking rules take precedence; and the rule of implied repeal, where newer laws prevail over older ones. The document concludes by giving some examples of rules that have collided under Indian law.

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    Rules of Inference and Rules of Collision

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    This document discusses rules of inference and rules of collision in legal reasoning. It provides examples of situations where legal rules or principles may conflict. Three common rules used to resolve collisions are discussed: the rule of specificity, where the more specific rule takes precedence; the rule of hierarchy, where higher-ranking rules take precedence; and the rule of implied repeal, where newer laws prevail over older ones. The document concludes by giving some examples of rules that have collided under Indian law.

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    RULES OF INFERENCE AND RULES OF COLLISION

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    This document discusses rules of inference and rules of collision in legal reasoning. It provides examples of situations where legal rules or principles may conflict. Three common rules used to resolve collisions are discussed: the rule of specificity, where the more specific rule takes precedence; the rule of hierarchy, where higher-ranking rules take precedence; and the rule of implied repeal, where newer laws prevail over older ones. The document concludes by giving some examples of rules that have collided under Indian law.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    16 views2 pages

    Rules of Inference and Rules of Collision

    Uploaded by

    G
    This document discusses rules of inference and rules of collision in legal reasoning. It provides examples of situations where legal rules or principles may conflict. Three common rules used to resolve collisions are discussed: the rule of specificity, where the more specific rule takes precedence; the rule of hierarchy, where higher-ranking rules take precedence; and the rule of implied repeal, where newer laws prevail over older ones. The document concludes by giving some examples of rules that have collided under Indian law.

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    RULES OF INFERENCE AND RULES OF COLLISION

    RULES OF INFERENCE

    RULES OF COLLISION-
    • The rules of collision in legal reasoning refer to situations where there are two or more legal rules
    or principles that may conflict with each other in a given case. When such a conflict arises, legal
    reasoning is used to determine which rule or principle should prevail or take precedence.
    • For example, imagine if there is a law called the HIV Prevention Act 1998, which requires states
    to undertake measures to prevent the spread of HIV, including by targeting and educating key
    vulnerable demographics. The state of EP (Eastern Pradesh) has established guidelines and policies
    to provide sex education and free condoms to sex workers and MSMs and is also looking into
    starting a needle exchange programme.
    • This conflicts with Section 377 of the Penal Code 1862, which criminalises same sex
    relationships, and Section 377A of the Code, which prohibits the corruption of the morals of the
    youth. It also conflicts with the Street Offences Act 1951, which criminalises any activity that
    might promote or assist sex work (which would include giving sex workers contraceptives). The
    Constitution of the country guarantees everyone the right to the highest attainable standard of
    health (Article 17) and the right to a life of dignity (Article 21).
    Rules of Collision
    • The rule of specificity: This rule states that when two or more legal rules or principles conflict,
    the more specific rule or principle should be given priority over the more general one. In other
    words, the specific rule or principle that applies to the particular case at hand should take
    precedence over a more general rule that applies to a broader range of cases.
    • The rule of hierarchy: This rule states that when two or more legal rules or principles conflict,
    the higher-ranking rule or principle should be given priority over the lower-ranking one. For
    example, a constitutional provision would take precedence over a statute, and a statute would take
    precedence over a regulation.
    • The rule of implied repeal: This rule states that when there are two or more conflicting laws, the
    newer law will prevail over the older one unless the legislature or courts have explicitly stated that
    the older law should continue to apply. The rule of implied repeal is based on the principle that the
    law is dynamic and always changing, and that newer laws may be more relevant and applicable to
    modern circumstances.
    Rules that Collide (or have in the past collided) under Indian Law
    • Fundamental right to property vs Land redistribution and land acquisition laws.
    • Abortion / Causing a Woman to Miscarry
    • Child Marriage / Mandatory Reporting under POCSO / Child sexual abuse
    • Treating all children as incapable of entering into contracts but prosecuting some children as
    adults and allowing other children to work as “adolescent employees.”

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