Metaethical Issues in Contemporary Legal Philosophy

Auteur

Stefano Bertea **is Associate Professor at the Law Department of the University of Messina. The output of Stefano's research work has taken the form of monographs published by leading academic publishers and he serves as a journal referee for leading academic journals.

Jorge Silva Sampaio is Guest Assistant Professor at the University of Lisbon, School of Law. He is also an Effective Integrated Researcher of Lisbon Public Law, a co-coordinator and a member of Lisbon Legal Theory (LLT), and an associate of the Institute of Legal-Political Sciences.

Texte du rabat

This volume explores the importance of constitutivism for legal studies. It brings together world-renowned practical philosophers and legal theorists, whom systematically and innovatively address key dimensions of the relationships between constitutivism and theoretical study of law.

Contenu

0. Introduction; 1. Constitutivism and Social Reality; 2. Ascriptivism, Life Forms, and Recognition. On the Social Constitution of Normativity; 3. Moral Ignorance, Wrongness and Responsibility for Negligent Actions that Arise due to "Belonging to a Group": Steps Towards an Aristotelian Constitutivism; 4. Constitutivism and the Normativity of Social Practices: The Case of Law; 5. Robustly Enough: A Constitutivist Explanation of Legal Normativity; 6. Closure of Normative Competence in Legal Systems; 7. Constitutivism about Practical Reasons and the Idea of Legal Norm; 8. The Sanctioner's Dilemma: A Kantian Constitutivist Approach; 9. Towards a Neo-Hartian Account of the "Natural" Relation between Law and Coercion: Distinct, Rational, Necessary, and Quasi-Constitutivist; 10. Robert Alexy's Legal Constitutivism