Projectivism and the metaethical foundations of the normativity of law

Swaminathan, Shivprasad (2016) Projectivism and the metaethical foundations of the normativity of law. Jurisprudence, 7 (2). pp. 231-266. ISSN 2040-3321

[thumbnail of Jurisprudence.pdf] Text
Jurisprudence.pdf - Published Version
Restricted to Repository staff only

Download (884kB) | Request a copy


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
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:


Downloads per month over past year

Actions (login required)

View Item
View Item