Resumo

RAMIREZ LUDENA, Lorena. Disagreement without Agreement? A Critique of Plunket and Sundell's Metalinguistic Proposal. Isonomía [online]. 2016, n.44, pp.39-62. ISSN 1405-0218.

The problem of legal disagreements can be approached in different ways. On one version, the problem arises because positivism assumes that legal concepts are criteriological, thus conceiving of disagreement among lawyers as pointless and a mere verbal dispute. Plunkett and Sundell have offered a novel response to this criticism, which holds that it is not necessary to share a concept in order to disagree. In this paper I analyze this response and I offer a number of objections against it.

Palavras-chave : legal disagreements; Dworkin; metalinguistic negotiations; pragmatics.