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Law and Obligation: Outlines of a Kantian Argument

In Stefano Bertea & George Pavlakos (eds.), New essays on the normativity of law. Portland, Or.: Hart. pp. 199--218 (2011)

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  1. Deontic artifacts. Investigating the normativity of objects.Giuseppe Lorini, Stefano Moroni & Olimpia Giuliana Loddo - 2021 - Philosophical Explorations 24 (2):185-203.
    Since the middle of the last century, normative language has been much studied. In particular, the normative function performed by certain sentences and by certain speech acts has been investigated in depth. Still, the normative function performed by certain physical artifacts designed and built to regulate human behaviors has not yet been thoroughly investigated. We propose to call this specific type of artifacts with normative intent ‘deontic artifacts’. This article aims to investigate this normative phenomenon that is so widespread in (...)
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  • Kelsen’s Metaethics.Torben Spaak - 2022 - Ratio Juris 35 (2):158-190.
    In this article, I argue,inter alia, that Kelsen’s mature view—as expressed in, and around the time of, the second edition ofReine Rechtslehre—was that of a metaethical relativist, and that the commitment to metaethical relativism was the reason why Kelsen defended democracy as well as tolerance in the shape of a constitutionally guaranteed freedom of thought. I also consider the possibility that in his post‐1960 phase Kelsen abandoned metaethical relativism for moral fictionalism, but argue that, on the whole, a relativist interpretation (...)
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  • Virtue and the Normativity of Law.Amalia Amaya - 2022 - Ancient Philosophy Today 4 (Supplement):111-133.
    This paper examines the normativity of law, that is, law’s capacity to guide behavior by generating reasons for action, from the perspective of virtue jurisprudence. It articulates a virtue-based model of law’s normativity according to which the law generates first order reasons for action (that is, loyalty-reasons) that need to be factored in citizens’ and legal officials’ practical reasoning, which consists, primarily, in the search for the best specification of the values involved in light of an account of the good (...)
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