The Relationship of Application as a Triadic Relationship

• Rafael Hernández Marín ^[1]
  1. [1] Universidad de Murcia

     Universidad de Murcia

     Murcia, España

     
• Localización: Analisi e diritto = Análisis y derecho = Law and analysis = Droit et analyse = Análise e direito, ISSN 1126-5779, ISSN-e 2785-7220, Vol. 25, Nº. 2 (Publicado: 6-3-2026), 2025, ISBN 9788846774859, págs. 33-80
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • The term “application” in the title of this paper refers to the application of legal sentences. In previous works on this subject, I have described the application of legal sentences as if it were a dyadic relationship between a legal sentence and a judicial decision resolving a dispute. I have adopted this approach for reasons of simplification, but it has two drawbacks: first, it obscures the importance of identifying the specific or contentious case involved when determining whether a particular judicial decision does or does not apply a given legal sentence; second, it prevents us from recognising the relationships and independence among several issues encompassed by the topic of the application of legal sentences. In this paper, I aim to address these shortcomings by treating the relationship of application as a triadic relationship among a judicial decision resolving a dispute, a legal sentence, and a concrete case.