Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/1359
Title: Projectivism and the metaethical foundations of the normativity of law
Authors: Swaminathan, Shivprasad
Keywords: Normativity of Law
Moral Bindingness
Metaethics
Projectivism
Issue Date: 31-Dec-2015
Publisher: Taylor & Francis
Citation: Swaminathan, Shivprasad (2015). Projectivism and the meta-ethical foundations of the normativity of law. Jurisprudence, Vol 7. No 2: 231-266
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.
Description: Scopus Index
URI: http://www.tandfonline.com/doi/abs/10.1080/20403313.2015.1070556
http://hdl.handle.net/10739/1359
ISSN: 2040-3313 (Print)
2040-3321 (Online)
Appears in Collections:JGU Research Publications

Files in This Item:
File Description SizeFormat 
Projectivism and the metaethical foundations of the normativity of law.pdf864.26 kBAdobe PDFView/Open    Request a copy


Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.