By Enrique Villanueva
Papers in philosophy of legislation via a number of the more youthful state-of-the-art participants to the sphere. units of problems with the most important present significance are taken up. the 1st half bargains with problems with which means and objectivity within the metaphysics of legislation. the second one half is set rights idea. This quantity could be required examining for someone attracted 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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Extra info for Law: Metaphysics, Meaning, and Objectivity
The general point, again, is that it is a matter for argument, not something presupposed by L, what kinds of facts (if any) must supplement law practices in order for the determining facts to provide reasons that explain why particular legal propositions are true. In particular, L does not presuppose that value facts are needed. 20 20 At a later stage of analysis, we might find that there are other conditions that the determinants of legal content must satisfy. A. L does not presuppose any such conditions, however.
Finally, I owe a great debt to the work of Ronald Dworkin. ** University of California, Los Angeles. 1 For the moment, I will be vague about the nature of law practices. B below. 2 For some explanation of what I mean by “value facts,” see note 22 below. 22 MARK GREENBERG minants of the content of the law (though the debate is not usually characterized in this way). A central claim of legal positivism is that the content of the law depends only on social facts, understood as a proper subset of descriptive facts.
The opaqueness of the relation does not affect the person’s ability to know the facts about his conscious experience, because we do not in general learn about our conscious experience by working it out from the microphysical facts. ) To take a different kind of example, the microphysical facts may metaphysically determine the facts about the weather, and the relation may be opaque, but again, we do not learn about the weather by working it out from the microphysical facts. A second possibility is that we do work out the B facts from the A facts but that we have a nonrational, perhaps hardwired, capacity to do so.
Law: Metaphysics, Meaning, and Objectivity by Enrique Villanueva