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  1. Kelsen’s Metaethics.Torben Spaak - 2022 - Ratio Juris 35 (2):158-190.
    In this article, I argue,inter alia, that Kelsen’s mature view—as expressed in, and around the time of, the second edition ofReine Rechtslehre—was that of a metaethical relativist, and that the commitment to metaethical relativism was the reason why Kelsen defended democracy as well as tolerance in the shape of a constitutionally guaranteed freedom of thought. I also consider the possibility that in his post‐1960 phase Kelsen abandoned metaethical relativism for moral fictionalism, but argue that, on the whole, a relativist interpretation (...)
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  • Legal Philosophy and the Study of Legal Reasoning.Torben Spaak - 2021 - Belgrade Law Review 69 (4).
    In this short paper, I argue that legal philosophers ought to focus more than they have done so far on problems of legal reasoning. Not only is this a field with many philosophically interesting questions to consider, but it is also, in my estimation, the field in which legal philosophers can contribute the most to both the study and the practice of law. For even though reasoning and interpretation are at the center of what legal practitioners and legal scholars do, (...)
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  • Animal Law : Human Duties or Animal Rights?Torben Spaak - 2021 - In Lydia Lundstedt (ed.), Animal Law and Animal Rights.
    In my view, the moral case for giving animals legal protection is strong. This is so whether or not we think of animals as having moral rights, such as a right to be cared for, or at least a right not to be harmed, because even if animals do not have moral rights, humans have moral duties toward animals, such as a general duty not to harm animals, say, by performing experiments on them, or raising them for food, or having (...)
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