‘Legal Theory Lexicon: Reflective Equilibrium’

“When we argue about the law we frequently deploy normative arguments. Sometimes our normative arguments appeal directly to our intuitions (or considered judgments) about particular cases; sometimes we rely on general theories (eg, welfarism or Locke’s social contract theory). This leads to the question: how can we justify our normative judgments and theories? One answer to this question is provided by the idea of ‘reflective equilibrium’, strongly associated with the work of John Rawls …” (more)

[Lawrence Solum, Legal Theory Blog, 12 July]

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