Abstract
This chapter compares general jurisprudence to metaethics, showing how the former is not interesting in the ways the latter is. A major part of what makes metaethics interesting is the full-blooded normativity of morality. The law, however, is not full-bloodedly normative. And while it is formally normative-it generates criteria of correctness-this is not remotely enough to render jurisprudence interesting. The chapter also notes that response-dependence-a highly controversial view in metaethics-is the obvious way to go in jurisprudence, and that general jurisprudential issues are unlikely to have implications for normative legal theory.
Original language | English |
---|---|
Title of host publication | Dimensions of Normativity |
Subtitle of host publication | New Essays on Metaethics and Jurisprudence |
Publisher | Oxford University Press |
Pages | 65-86 |
Number of pages | 22 |
ISBN (Electronic) | 9780190640408 |
DOIs | |
State | Published - 1 Jan 2019 |
Keywords
- formal normativity
- full-blooded normativity
- jurisprudence
- legal positivism
- metaethics
- normativity
- normativity of law
All Science Journal Classification (ASJC) codes
- General Social Sciences