Nothing ‘mere’ to it: Reclaiming subjective accounts of normativity of law

Swaminathan, Shivprasad (2019) Nothing ‘mere’ to it: Reclaiming subjective accounts of normativity of law. Journal of Human Values, 25 (1). pp. 1-14. ISSN 09730737

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Abstract

If the bindingness of morality was to rest on something as ‘subjective’ as the non-cognitivist says it does, the grouse goes, and morality itself would come down crashing. Nothing less than an ‘objective’ (response-independent) source of normativity, it is supposed, could hold morality in orbit. Some of these worries automatically morph into worries about the projectivist model of normativity of law (based on a non-cognitivist meta-ethic) as well: one which understands the authority or normativity of law in terms of subjective attitudes taken towards the law. As well as the stock worries about non-cognitivism, there are some additional ones that the projectivist model brings in its wake that it cannot account for the ‘uniform’ bindingness of law and that a subjective source of normativity of law based on mental states is unintelligible. This essay makes the case for acquitting the projectivist model of normativity of law from the above charges. But the route to that necessarily leads through first acquitting the non-cognitivist model of moral bindingness from analogous charges

Item Type: Article
Keywords: Non-cognitivism | Bindingness | Motivation | Normativity of law | H. L. A. Hart | Friedrich Nietzsche
Subjects: Social Sciences and humanities > Arts and Humanities > Philosophy
Social Sciences and humanities > Business, Management and Accounting > Human Resource Management
Social Sciences and humanities > Business, Management and Accounting > Organizational Behaviour
Social Sciences and humanities > Social Sciences > Political Science
Social Sciences and humanities > Social Sciences > Sociology
Social Sciences and humanities > Social Sciences > Cultural Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Shilpi Rana
Date Deposited: 07 Jan 2022 09:57
Last Modified: 23 Apr 2022 10:52
Official URL: https://doi.org/10.1177%2F0971685818804957
Funders: Clarendon Fund and Balliol College, University of Oxford United Kingdom
Additional Information: The central ideas in this essay emerge from my doctoral research. The arguments I advance here have benefitted greatly by discussions with John Gardner, Nicos Stavropoulos, Julie Dickson, Timothy Endicott, Owain Williams and Martin Mork at various times in various capacities
URI: https://pure.jgu.edu.in/id/eprint/631

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