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Whichever way we go, we will need to motivate the evaluative theory.
Another evaluative theory is offered by Helm (2002) who develops the view in a more integrated fashion.
Of course, even if the argument from interpretation fails and purely descriptive legal theories remain possible, it could still be a worthwhile project to attempt to give a constructive interpretation of legal practice, and the output of this project would indeed be a partially evaluative theory.
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Hall (2008) and Klein (2007) also offer accounts of pain that belong to this class of evaluative theories.
When the naturalistic underpinnings of these evaluative theories are explored, functionalist or psychofunctionalist reductions of the affective/evaluative dimension of pain might turn out to be the most natural option for these theorists.
Thus, on the grading and evaluative theories of blame developed by Smart and Watson, there is nothing about blame that requires a blamer to be conatively or emotionally exercised in any way.
Thus, what matters to the debate about whether legal theory is evaluative is not whether legal theory in principle could be evaluative, but whether it is inevitably or necessarily so.
From the reports we analysed it was apparent that evaluators were often aware that theory-driven evaluative thinking can lead to more rigorous and useful evaluations (Sridharan and Nakaima 2011).
Nonetheless, it is not likely to be especially controversial that legal theory is evaluative in this way.
Nonetheless, there is a deeper or more interesting sense in which Dworkin's view renders legal theory inherently evaluative.
A second seemingly uncontroversial way in which legal theory is evaluative is that one cannot begin to develop a theory of law without determining which of its central features are to be accounted for (Dickson 2001, 38 45).
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