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Reconstructing American Legal Realism & Rethinking Private Law Theory

New York, NY: Oxford University Press (2013)

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  1. Realism Today: On Dagan’s Quest Beyond Cynicism and Romanticism in Law.Patricia Mindus - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):401-422.
    This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that (...)
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  • Sobre derecho y averiguación de la verdad.Sebastián Reyes Molina - 2017 - DOXA 1 (40):317-336.
    In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...)
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