Between Speaking out and Not Speaking out: Speaking Just Enough

In this new reply to Haba, the author makes a few points regarding the fallacies which he considers Haba included in the article which gave rise to the controversy. He then goes on to raise the three questions that he considers to be of greatest interest: the contrast between "critical critique" (Haba's) and "not-so-critical critiques" (that of the standard theory); the role of attitudes in theory of law; and that which Haba calls "normativist syndrome". It is "its inability to guide our practices" that the author considers to be the main defect in a "realist" conception like that of Haba's.