Law: Metaphysics, Meaning, and Objectivity by Enrique Villanueva

By Enrique Villanueva

Papers in philosophy of legislations by way of a few 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 thought. This quantity can be required examining for someone drawn to philosophy of legislation, and likewise of use for people with broader pursuits in ethics, metaethics, and social and political philosophy.

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The fundamental value facts are plausibly metaphysically necessary, while the applied value facts obviously depend on contingent descriptive facts as well as on fundamental value facts. This qualification does not affect the point in the text, since the contingent facts are encompassed in the supervenience base of descriptive facts. That is, if the fundamental value facts supervene on the descriptive facts, the applied value facts will do so as well. 8 The term “metaphysical determination” is typically used to specify a form of modal determination.

Next, in Section IV, I argue that law practices themselves cannot determine how they contribute to the content of the law. In Section V, I consider and respond to three related objections. Finally, in Section VI, I examine what the argument has established about the relation between law and value. 11 II. The Premises In this section, I set out the two premises of the argument and make a number of clarifications. The second premise will require a great deal more discussion than the first. I take both premises to be relatively uncontroversial in many contemporary legal systems, including those of, for example, the United States and the United Kingdom.

Jules Coleman, Negative and Positive Positivism, 11 J. LEGAL STUD. A. , 1997). 6 See RONALD DWORKIN, LAW’S EMPIRE (1986). HOW FACTS MAKE LAW 23 Understanding and resolving the debate between positivists and antipositivists requires understanding the nature of the relevant determination relation—the relation between determinants of legal content and legal content. The debate, as noted, concerns whether law practices are the sole determinants of legal content. It is difficult to see how one can systematically address the question of whether A facts are the sole determinants of B facts without understanding what kind of determination is at stake.

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