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The Middle Way

Legal Theory 1 (1):21-31 (1995)

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  1. Truth and Objectivity in Law.Jules L. Coleman - 1995 - Legal Theory 1 (1):33-68.
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  • The Methodological Problem in Legal Theory: Normative and Descriptive Jurisprudence Revisited.Veronica Rodriguez Blanco - 2006 - Ratio Juris 19 (1):26-54.
    Legal philosophers share the same phenomenology of legal practice. Yet, they differ in its explanation. For normativists, descriptivists got it wrong and vice versa. This controversy between normativists and descriptivists will be called “the methodological problem” in legal theory. Normativists such as Dworkin and Perry argue that descriptivists need evaluation. By contrast, descriptivists such as Coleman argue that normativists need the methods of descriptivism such as conceptual analysis and therefore might be committed to descriptivism. The paper shows that the responses (...)
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