Chapter 8 The sanctioner's dilemma The disruptive impact of a Kantian constitutivist approach
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ArtikelUtgivningsinformation: Taylor & Francis Routledge [Imprint] 2025Beskrivning: 1 electronic resource (27 p.)Innehållstyp: - text
- computer
- online resource
- 9781032665948
- 9781032670539
- Law
- Jurisprudence and general issues
- Philosophy and Religion
- Philosophy
- Topics in philosophy
- Ethics and moral philosophy
- Social and political philosophy
- Agency
- Alexy
- Constitutivism
- Hart
- Jurisprudence
- Kant
- L Law
- LA Jurisprudence and general issues
- Legal Theory
- Meta-Ethics
- Moral Philosophy
- Normativity
- Q Philosophy and Religion
- QD Philosophy
- QDT Topics in philosophy
- QDTQ Ethics and moral philosophy
- QDTS Social and political philosophy
- thema EDItEUR
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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 debates have been extensively explored, the literature on the relations between constitutivism and law remains scarce, unsystematic, and sporadic. This collection brings together world-renowned practical philosophers and legal theorists to fill a noticeable gap in the literature. The authors systematically and innovatively address key dimensions of the relationships between constitutivism and the theoretical study of law, as well as programmatically offering novel insights into the conceptual connections between constitutivist claims, fundamental legal concepts and practices, legal issues, and, ultimately, the law as a distinctive concept. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Legal Theory, Jurisprudence, Moral Philosophy and Metaethics.
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eng
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