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The primary distinction is between “communicative content material” and “legal content material.” Legal texts communicate content material to readers: the communicative content material of a text is roughly what we call the “linguistic that means” of the textual content.
Given the difficulty of arriving at confident conclusions in regards to the nature of the human good, you may ask, “Can we ever reach confident conclusions in applied normative legal concept?” Or to put the query otherwise, “If I can’t make up my mind about the nature of the human good, can I nonetheless attain confident conclusions about what legal rules are better than others?” One answer to this query may invoke the Rawlsian thought of an overlapping consensus.
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On this entry within the Legal Idea Lexicon, we’ll discover three ideas, “uncertainty,” “danger,” and “ignorance”-and some associated notions, “anticipated utility,” “maximin,” and “maximax.” As at all times, the Lexicon is geared toward law students-particularly first year legislation college students-with an curiosity in legal concept.