Abstract

Abstract The present article engages with the custom critique and functional equivalents in the work of Jean d’Aspremont. It reflects on the emphasis given to the distinction between ascertainment and content-determination. If one engages in the politics of law-ascertainment, or the politics of sources and their evaluation, it is submitted here to adopt a contextualized perspective that includes content-determination as well. The article will conclude by pointing out three examples that merit ongoing attention in order to evaluate the distribution of normativity within a system of multiple sources.

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