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  1.  51
    Lost in the System or Lost in Translation? The Exchanges between Hart and Ross.Svein Eng - 2011 - Ratio Juris 24 (2):194-246.
    According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...)
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  2.  78
    Why Reflective Equilibrium? I: Reflexivity of Justification.Svein Eng - 2014 - Ratio Juris 27 (1):138-154.
    In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...)
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  3.  63
    Why Reflective Equilibrium? III: Reflective Equilibrium as a Heuristic Tool.Svein Eng - 2014 - Ratio Juris 27 (3):440-459.
    In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...)
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  4.  58
    Why Reflective Equilibrium? II: Following Up on Rawls's Comparison of His Own Approach with a Kantian Approach.Svein Eng - 2014 - Ratio Juris 27 (2):288-310.
    In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...)
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  5.  44
    Fusion of Descriptive and Normative Propositions. The Concepts of 'Descriptive Proposition' and 'Normative Proposition' as Concepts of Degree.Svein Eng - 2000 - Ratio Juris 13 (3):236-260.
    I introduce the concept of ‘fused descriptive and normative proposition.’ I demonstrate that and how this concept has a basis in reality in lawyers' propositions de lege lata, and I point out that and why we do not find fused modality in language qua language, morals and the relationship between parents and children. The concept of ‘fused descriptive and normative proposition’ is of interest in a number of contexts, inter alia in relation to law, cf. the debate about the status (...)
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  6.  4
    Concept or Context? The Exchanges between Ross and Kelsen on Valid Law and Efficacy.Svein Eng - 2023 - Ratio Juris 36 (1):72-92.
    The aim of this paper is to point out the salient patterns of agreement and dis‐ agreement between Alf Ross and Hans Kelsen's analyses of valid law and efficacy. I argue that the disagreement has the character of systemic postulation on the part of both interlocutors. My main thesis is that the disagreement is not one of philosophical principle, but one that must be resolved on the basis of pragmatic considerations, i.e., the choice between the two valid‐law schemes pertains neither (...)
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  7.  21
    Criteria that are used in the Setting up of and Choice Between Descriptive Characterisations.Svein Eng - 1999 - Law and Philosophy 18 (5):475-495.
    This paper investigates the actual use of truth as a criterion in the setting up of and choice between descriptive characterisations. The consideration for truth is often weighed against other considerations. This weighing character is illuminated through examples from everyday life, politics, law, and science. In everyday life the weighing character shows itself inter alia through the categories of ‘white lies’ and ‘great questions’, and in politics, inter alia through the categories of ‘personal character’ versus ‘the party’. In law there (...)
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  8. Legislative Inflation and the Quality of Law.Svein Eng - 2002 - In Luc Wintgens (ed.), Legisprudence: A New Theoretical Approach to Legislation. Hart. pp. 65--80.
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  9.  37
    Fused Modality. An Integral Part of Lawyers’ Form of Life.Svein Eng - 2005 - Ratio Juris 18 (4):429-433.
    . In this reply to Dahlman, the focus is on aspects that I take to be of general interest. The point to be emphasised is the absence of a critically reflexive mode of questioning on the part of Dahlman and, in general, on the part of the position he represents, namely, an empiricist and logical paradigm of atemporal cognition and control. It is argued that lawyers’ thinking de lege lata—with its distinctive connection to normativity and morals, through the unity of (...)
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