Search results for "Conventionalism"
showing 3 items of 13 documents
The Third Theory of Legal Objectivity
2013
The question of the objectivity of law rotates around the determination of the status of the norms that constitute the major premise of the practical syllogism representing the formal scheme of the justification of judicial decisions. Those who deny the objectivity of law believe that the existence and meaning of legal norms depend on the opinion of judges and jurists considered individually. The different versions of the objectivity of law reject this sceptical conclusion. The strongest versions of objectivity accepted by the different doctrines of natural law presuppose metaphysical realism and rule out the idea that what seems correct to someone can determine what is effectively correct;…
An immense task: Hart sull'obbligo di obbedire al diritto
2012
The topic of legal normativity absorbed Hart until the last years of his life. This paper offers a diachronic analysis of Hart’s perspective on the obligation to obey the law. The aim is to show that, at least as regards the justification of the obligation to obey the law, Hart’s former attempt to maintain the autonomy of law from morality and coercion is not convincing and that the “conventionalist turn” sketched in the Postscript leads to a dead end. Therefore, to give up the autonomy of legal obligation from moral obligation seems the only way forward, being aware that this move does not imply the abjuration of legal positivism.
De Cratyle à la TME : une longue tradition dans le débat sur la motivation ou l’arbitraire des mots
2016
In the specialized literature, the concepts of motivation and arbitrariness refer to very different realities. Using some essential readings, we endeavour to clarify these points in the "motivated vs arbitrary nature of lexical forms" debate inaugurated in Plato's Cratylus. Amongst other things, these reveal that the lexical motivation phenomenon is more complex than the supporters of the Saussurian doxa of arbitrariness would have us believe. Even if a considerable amount of time separates the first forms of language from the most ancient linguistic forms available to us and any attempt to reconstruct these original forms is based upon an illusion, it is, nevertheless, possible to decipher…