Legal Positivism and Legal Disagreements |
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Authors: | JOSÉ JUAN MORESO |
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Affiliation: | Universitat Pompeu Fabra Faculty of Law Ramon Trias Fargas, 25–27 08005 Barcelona Spain E‐mail: josejuan.moreso@upf.edu |
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Abstract: | 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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