Download Law: Metaphysics, Meaning, and Objectivity by Enrique Villanueva PDF

By Enrique Villanueva

Papers in philosophy of legislation through a number of the more youthful state of the art individuals to the sector. units of problems with an important present value are taken up. the 1st half bargains with problems with which means and objectivity within the metaphysics of legislation. the second one half is ready rights conception. This quantity may be required analyzing for a person drawn to philosophy of legislations, and likewise of use for people with broader pursuits in ethics, metaethics, and social and political philosophy.

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Extra resources for Law: Metaphysics, Meaning, and Objectivity

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Similarly, if there is a legal system in which law practices, understood as (facts about) various people’s sayings and doings, do not play a role in determining the content of the law, my argument would not apply to it. For example, perhaps there could be a legal system in which the content of the law is determined exclusively by the content of morality or exclusively by divine will. In this paper, I do not address questions of the necessary conditions for something’s counting as a legal system.

For example, if the relation between social practices, understood purely descriptively, and social rules is rational determination, the argument implies that social practices cannot themselves determine the content of social rules. ) Hence the argument is of interest well beyond the philosophy of law. In this paper, I will largely confine the discussion to the legal case. ” In particular, he argues that to interpret a work of art or a social practice is to try to display it as the best that it can be of its kind.

Here is the real problem of legal content. There are many different law practices with many different aspects or elements. There is an initial question of which facts are parts of law practices and which are not. Are preambles of bills, legislative findings, legislative committee reports, dissenting opinions, unpublished judicial decisions, customs, the Federalist Papers, and so on to be included in law practices? In my view, this question is really just part of a second question: Which aspects of, for example, judicial or legislative practices are relevant to the content of the law?

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