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  1. Dworkin's Theoretical Disagreement Argument.Barbara Baum Levenbook - 2015 - Philosophy Compass 10 (1):1-9.
    Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than one version. (...)
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  • Ways of Solving Conflicts of Constitutional Rights: Proportionalism and Specificationism.José Juan Moreso - 2012 - Ratio Juris 25 (1):31-46.
    This paper deals with the question of the conflict of constitutional rights with regard to basic rights. Two extreme accounts are outlined: the subsumptive approach and the particularistic approach, that embody two main conceptions of practical rationality. Between the two approaches there is room for a range of options, two of which are examined: the proportionalist approach, which conserves the scope of rights restricting their stringency, and the specificationist approach, which preserves the stringency of rights restricting their scope. I will (...)
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  • Conflictos entre derechos constitucionales y maneras de resolverlos.José Juan Moreso - 2010 - Arbor 186 (745):821-832.