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  1. 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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  • 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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  • 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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