Abstraction and Determination in Weinrib’s Reciprocal Freedom: The Dynamics of Backward-Looking and Forward-Looking Deliberation in Judging

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Determination in law is a complex process that involves applying practical reason to specific cases.
Weinrib emphasizes the dynamic relationship between abstract concepts and their practical applications in private law.
The premise that rights and values are separate is questioned, indicating a deeper connection that must be acknowledged.
Practical reason is crucial for good judgment, balancing the valuable and the good beyond mere technical correctness.

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This work discusses determination and its reliance on practical reason in law, suggesting a complex relationship between rights and values.

Verónica Rodríguez-Blanco (2025) studied this question.

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This work discusses determination and its reliance on practical reason in law, suggesting a complex relationship between rights and values.