1st Edition

Metaethical Issues in Contemporary Legal Philosophy A Constitutivist Approach

Edited By Stefano Bertea, Jorge Silva Sampaio Copyright 2025
272 Pages 1 B/W Illustrations
by Routledge

272 Pages 1 B/W Illustrations
by Routledge

272 Pages 1 B/W Illustrations
by Routledge

This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications that the constitutivist approach has on the fundamental metaethical disputes and central ethical... Read more

0.      Introduction, Stefano Bertea and Jorge Silva Sampaio

1.      Constitutivism and Social Reality, Jaap Hage

2.      Ascriptivism, Life Forms, and Recognition. On the Social Constitution of Normativity, Sebastián Figueroa Rubio

3.      Moral Ignorance, Wrongness and Responsibility for Negligent Actions that Arise due to “Belonging to a Group”: Steps Towards an Aristotelian Constitutivism, Veronica Rodriguez-Blanco

4.      Constitutivism and the Normativity of Social Practices: The Case of Law, Triantafyllos Gkouvas

5.      Robustly Enough: A Constitutivist Explanation of Legal Normativity, Jorge Silva Sampaio

6.      Closure of Normative Competence in Legal Systems, María Beatriz Arriagada and Jorge L. Rodríguez

7.      Constitutivism about Practical Reasons and the Idea of Legal Norms: A Tale of Two Constitutivisms, Stefano Bertea

8.      The Sanctioner’s Dilemma: The Disruptive Impact of a Kantian Constitutivist Approach, Carla Bagnoli

9.      Towards a Neo-Hartian Account of the “Natural” Relation between Law and Coercion: Distinct, Rational, Necessary, and Quasi-Constitutivist, Pablo Rapetti

10.  Robert Alexy’s Legal Constitutivism, Torben Spaak

Biography

Stefano Bertea is Associate Professor at the Law Department of the University of Messina. The output of Stefano’s research work has taken the form of monographs published by leading academic publishers and he serves as a journal referee for leading academic journals.

Jorge Silva Sampaio is Guest Assistant Professor at the University of Lisbon, School of Law. He is also an Effective Integrated Researcher of Lisbon Public Law, a co-coordinator and a member of Lisbon Legal Theory (LLT), and an associate of the Institute of Legal-Political Sciences.