Swaminathan, Shivprasad (2016) Projectivism and the metaethical foundations of the normativity of law. Jurisprudence, 7 (2). pp. 231-266. ISSN 2040-3321
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Abstract
A successful account of the ‘normativity of law’ is meant to inter alia establish how legal requirements come to be morally binding. This question presupposes taking a stance on the metaethical debate about the nature of morality and moral bindingness between the cognitivist and non-cognitivist camps. An overwhelming majority of contemporary legal philosophers have an unspoken adherence to a cognitivist metaethic and the model of normativity of law emerging from it: the impinging model. Consequently, the problematic of the normativity of law is so calibrated as to in limine rule out any putative account of the normativity of law that presupposes a non-cognitivist metaethic: the projectivist model. This paper calls for a recalibration of the problematic of the normativity of law to a metaethically aseptic viewpoint from which the projectivist model is seen as a plausible theoretical contender to the impinging model. It also sets out the philosophical underpinnings of the rojectivist model and contrasts it from the impinging model.
Item Type: | Article |
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Keywords: | Normativity of Law | Moral Bindingness | Metaethics | Projectivism |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Amees Mohammad |
Date Deposited: | 15 Feb 2022 07:20 |
Last Modified: | 15 Feb 2022 07:20 |
Official URL: | http://dx.doi.org/10.1080/20403313.2015.1070556 |
URI: | https://pure.jgu.edu.in/id/eprint/1274 |
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