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  1. Agreement and Relational Justice : A Perspective From Philosophy and Sociology of Law.Pompeu Casanovas - unknown
    Relationships between empirical and philosophical approaches to the law have not been always peaceful. Agreement seems the most natural way to build up and implementing regulations and justice within human-machine inter-faces, and might help to bridge the gap between both theoretical approaches. Recent researches on relational law, relational jus-tice, crowdsourcing, regulatory systems and regulatory models are introduced. These concepts need further clarification, but they stand as political companions to more standard conceptions of law in the Semantic Web.
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  • Getting Real or Staying Positive: Legal Realism, Legal Positivism and the Prospects of Naturalism in Jurisprudence.Jakob V. H. Holtermann - 2015 - Ratio Juris 28 (1):535-555.
    The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism (...)
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  • Why Reflective Equilibrium? I: Reflexivity of Justification.Svein Eng - 2014 - Ratio Juris 27 (1):138-154.
    In A Theory of Justice (1971), John Rawls introduces the concept of “reflective equilibrium.” Although there are innumerable references to and discussions of this concept in the literature, there is, to the present author's knowledge, no discussion of the most important question: Why reflective equilibrium? In particular, the question arises: Is the method of reflective equilibrium applicable to the choice of this method itself? Rawls's drawing of parallels between Kant's moral theory and his own suggests that his concept of “reflective (...)
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  • Getting Real or Staying Positive: Legal Realism, Legal Positivism and the Prospects of Naturalism in Jurisprudence.Jakob V. H. Holtermann - 2016 - Ratio Juris 29 (4):535-555.
    The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism (...)
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  • Naturalism in Legal Philosophy.Brian Leiter - 2008 - Stanford Encyclopedia of Philosophy.
    The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist programs. Other M-naturalists retain the normative and regulative ambitions of traditional philosophy, but (...)
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