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Legal Indeterminacy and Constitutional Interpretation

Dordrecht, Netherland: Springer (1998)

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  1. Legal positivism and legal disagreements.José Juan Moreso - 2009 - Ratio Juris 22 (1):62-73.
    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 (...)
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