Legal positivism and legal disagreements

Ratio Juris 22 (1):62-73 (2009)
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Abstract

This paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account. The paper tries to show that in the case of legal disagreements, there is a place for an approach that can take into account our intuitions in the sense that legal disagreements are genuine and at times faultless.

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2009-02-12

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Jose Juan Moreso
Universitat Pompeu Fabra

Citations of this work

Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
The untouchables of law.J. J. Moreso - 2016 - Critical Review of International Social and Political Philosophy 19 (4):496-503.
Beyond Consensus: Law, Disagreement and Democracy. [REVIEW]Valerio Nitrato Izzo - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):563-575.

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References found in this work

Studies in the way of words.Herbert Paul Grice - 1989 - Cambridge: Harvard University Press.
Convention: A Philosophical Study.David Kellogg Lewis - 1969 - Cambridge, MA, USA: Wiley-Blackwell.
The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Vagueness.Timothy Williamson - 1996 - New York: Routledge.

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