Legal positivism and legal disagreements

Ratio Juris 22 (1):62-73 (2009)
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 are genuine and at times faultless.
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DOI 10.1111/j.1467-9337.2008.00412.x
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J. J. Moreso (2016). The Untouchables of Law. Critical Review of International Social and Political Philosophy 19 (4):496-503.
Valerio Nitrato Izzo (2012). Beyond Consensus: Law, Disagreement and Democracy. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):563-575.

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