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Grounding legal proof

Philosophical Issues 31 (1):280-298 (2021)

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  1. The Promise and Limits of Grounding in Law.Bosko Tripkovic & Dennis Patterson - 2023 - Legal Theory 29 (3):202-228.
    Discussions of metaphysical grounding have recently found their way into general jurisprudence. It is becoming increasingly common to frame the debate between positivism and antipositivism as a disagreement about what facts metaphysically ground legal facts. In this article we critically evaluate this grounding turn. First, we argue that articulating the debate about the nature of law in terms of grounding holds the promise of recasting it in a common vocabulary. Second, we argue that this comes at a cost: framing the (...)
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