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  1.  5
    Knowledge Construction in Legal Reasoning: A Three Stage Model of Law’s Evolution in Practical Discourse.Olaf Tans - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (1):1-19.
    Seeing that socio-legal theory has produced a number of compelling grand theories about law’s development as a body of knowledge, this contribution analyzes legal evolution on the micro-level of decision-making in concrete cases. To that end, law finding is reconstructed as a three stage process of reason-based rule-construction. Legal evolution is argued to stem from the argumentative jumps that are made in this process in order to use what is initially drawn from the body of legal knowledge in new cases. (...)
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  2.  26
    The Constitutional Theatre.Olaf Tans - 2002 - Res Publica 8 (3):231-248.
    Constitutionalism is a typically modernist project in that it seeks to dictate social order by means of institutional design. This project, however, fails in two ways. Empirically, constitutionalism is confronted with the fact that constitutions have limited control over their social environment. Epistemologically, constitutionalism has great difficulty in finding a convincing foundational relation between abstract constitutional provisions and constitutional norms for concrete situations. On the basis of this poor record, it is hard to comprehend how constitutionalism remains such an influential (...)
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  3.  3
    Staging Law's Existence: Using Pretense Theory to Explain the Fiction of Legal Validity.Olaf Tans - 2016 - Ratio Juris 29 (1):136-154.
  4. De Grenzen van Het Goede Leven: Rechtsgeleerde Opstellen Aangeboden Aan Prof.Arend Soeteman & Olaf Tans (eds.) - 2009 - Ars Aequi Libri.
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