Metaethical Issues in Contemporary Legal Philosophy: A Constitutivist Approach

Author: Stefano Bertea; Jorge Silva Sampaio
Publisher: Routledge
ISBN: 9781032665948
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 meta-ethical 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 Meta-ethics.

0. Introduction

Stefano Bertea and Jorge Silva Sampaio

1. Constitutivism and Social Reality

Jaap Hage

2. Ascriptivism, Life Forms, and Recognition. On the Social Constitution of Normativity

Sebastián Figueroa Rubio

3. Moral Ignorance, Wrongness and Responsibility for Negligent Actions that Arise due to “Belonging to a Group”: Steps Towards an Aristotelian Constitutivism

Veronica Rodriguez-Blanco

4. Constitutivism and the Normativity of Social Practices: The Case of Law

Triantafyllos Gkouvas

5. Robustly Enough: A Constitutivist Explanation of Legal Normativity

Jorge Silva Sampaio

6. Closure of Normative Competence in Legal Systems

María Beatriz Arriagada and Jorge L. Rodríguez

7. Constitutivism about Practical Reasons and the Idea of Legal Norm

Stefano Bertea

8. The Sanctioner’s Dilemma: A Kantian Constitutivist Approach

Carla Bagnoli

9. Towards a Neo-Hartian Account of the “Natural” Relation between Law and Coercion: Distinct, Rational, Necessary, and Quasi-Constitutivist