posted on 2015-02-03, 12:31authored byStefano Bertea
[From Introduction] The contemporary debate in analytical legal philosophy is shaped by two truisms
about law which jurisprudents have not yet managed to coherently work into a
comprehensive theoretical framework. On the one hand, it seems to be a plain truth
that the existence of law is essentially a matter of social facts, as is attested by the
existence of legal systems that are recognized to function as such and yet have little or
no moral worth and may even strike most people (including their addressees) as
morally repugnant. On the other hand, only a handful of legal theorists are prepared to
give up the claim that law presumptively provides its addressees with practical
guidance and justification, thereby taking a normative stance by proffering distinctive
reasons for action, while conferring rights and imposing obligations. Accommodating
these two truisms about law is far from a straightforward exercise.
History
Citation
Canadian Journal of Law and Jurisprudence, 2014, pp. 357-381 (25)
Author affiliation
/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law