Interlegal reasoning as a mandatory consideration: interface doctrines
Interlegal reasoning as a mandatory consideration: interface doctrines

Summary/Abstract: This paper presents interface doctrines as legal standards that enshrine mandatory considerations relating to more than one legal order. Alien legal norms are treated as potentially applicable standards, and not only as important facts or sources of inspiration. This places us within the domain of legal reasoning under the circumstances of interlegality or, for short: interlegal reasoning. First I contextualize interlegal reasoning. Then, I present some of its normative and doctrinal questions. After discussing insights from legal argumentation theory and Sieckmann’s theory of balancing, I propose a taxonomy of interface doctrines categorized by their “kind” (merits vs. formal) and “degree” (scope and force).

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