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Product details:
- ISBN-10: 0190640421
- ISBN-13: 9780190640422
- Author: David Plunkett
Understood one way, the branch of contemporary philosophical ethics that goes by the label “metaethics” concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called “general jurisprudence” deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.
Table of contents:
1. “We’ll see you in court!”: The Rule of Law as an Explanatory and Normative Kind
2. Laws as Conventional Norms
3. Legal Teleology: A Naturalist Account of the Normativity of Law
4. Is General Jurisprudence Interesting?
5. Legal Metanormativity: Lessons for and from Constitutivist Accounts in the Philosophy of Law
6. Robust Normativity, Morality, and Legal Positivism
7. Of Law and Other Artificial Normative Systems
8. How to Argue for Law’s Full-Blooded Normativity
9. Defining Normativity
10. Legal Philosophy à la carte
11. Theoretical Disagreements in Law: Another Look
12. Hybrid Dispositionalism and the Law
13. Normativity in Language and Law
14. Authority and Interest in the Theory of Right
15. On the Legal Syllogism
16. Dworkin’s Literary Analogy
17. Constitutional Realism
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