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Metaethical Issues in Contemporary Legal Philosophy: A Constitutivist Approach

Edited by: Stefano Bertea, Jorge Silva Sampaio

ISBN13: 9781032665948
To be Published: January 2025
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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.

Subjects:
Jurisprudence
Contents:
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
Pablo Rapetti
10. Robert Alexy’s Legal Constitutivism
Torben Spaak