Metaethical Issues in Contemporary Legal Philosophy
eBook - ePub

Metaethical Issues in Contemporary Legal Philosophy

A Constitutivist Approach

  1. 308 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Metaethical Issues in Contemporary Legal Philosophy

A Constitutivist Approach

About this book

This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications that the constitutivist approach has on the fundamental metaethical disputes and central ethical debates have been extensively explored, the literature on the relations between constitutivism and law remains scarce, unsystematic, and sporadic. This collection brings together world-renowned practical philosophers and legal theorists to fill a noticeable gap in the literature. The authors systematically and innovatively address key dimensions of the relationships between constitutivism and the theoretical study of law, as well as programmatically offering novel insights into the conceptual connections between constitutivist claims, fundamental legal concepts and practices, legal issues, and, ultimately, the law as a distinctive concept. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Legal Theory, Jurisprudence, Moral Philosophy and Metaethics.

Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylor-francis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

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Information

Year
2024
Edition
0
eBook ISBN
9781040300893
Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Half Title
  3. Series Page
  4. Title Page
  5. Copyright Page
  6. Table of Contents
  7. List of Contributors
  8. Introduction
  9. 1 Constitutivism and social reality
  10. 2 Ascriptivism, life forms, and recognition. On the social constitution of normativity
  11. 3 Moral ignorance, wrongness, and responsibility for negligent actions that arise due to ‘belonging to a group’: steps towards an Aristotelian constitutivism
  12. 4 Constitutivism and the normativity of social practices: the case of law
  13. 5 Robustly enough: a constitutivist explanation of legal normativity
  14. 6 Closure of normative competence in legal systems
  15. 7 Constitutivism about practical reasons and the idea of legal norms: A tale of two constitutivisms
  16. 8 The sanctioner’s dilemma: The disruptive impact of a Kantian constitutivist approach
  17. 9 Towards a neo-Hartian account of the ‘natural’ relation between law and coercion: distinct, rational, necessary, quasi-constitutivist
  18. 10 Robert Alexy’s legal constitutivism
  19. Index

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Yes, you can access Metaethical Issues in Contemporary Legal Philosophy by Stefano Bertea,Jorge Silva Sampaio in PDF and/or ePUB format, as well as other popular books in Law & Law Theory & Practice. We have over 1.5 million books available in our catalogue for you to explore.