2019•Unpublished venueRequires access

Is General Jurisprudence Interesting?

David Enoch

Open publisher page 41 citations

Abstract

Abstract This chapter compares general jurisprudence to metaethics, showing how the former is not interesting in the ways the latter is. A major part of what makes metaethics interesting is the full-blooded normativity of morality. The law, however, is not full-bloodedly normative. And while it is formally normative—it generates criteria of correctness—this is not remotely enough to render jurisprudence interesting. The chapter also notes that response-dependence—a highly controversial view in metaethics—is the obvious way to go in jurisprudence, and that general jurisprudential issues are unlikely to have implications for normative legal theory.

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What this paper is about

Abstract This chapter compares general jurisprudence to metaethics, showing how the former is not interesting in the ways the latter is. A major part of what makes metaethics interesting is the full-blooded normativity of morality. The law, however, is not full-bloodedly normative. And while it is formally normative—it generates criteria of correctness—this is not remotely enough to render jurisprudence interesting. The chapter also notes that response-dependence—a highly controversial view in metaethics—is the obvious way to go in jurisprudence, and that general jurisprudential issues are unlikely to have implications for normative legal theory.

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Available abstract

Abstract This chapter compares general jurisprudence to metaethics, showing how the former is not interesting in the ways the latter is. A major part of what makes metaethics interesting is the full-blooded normativity of morality. The law, however, is not full-bloodedly normative. And while it is formally normative—it generates criteria of correctness—this is not remotely enough to render jurisprudence interesting. The chapter also notes that response-dependence—a highly controversial view in metaethics—is the obvious way to go in jurisprudence, and that general jurisprudential issues are unlikely to have implications for normative legal theory.

Key concepts: Jurisprudence, Law, Political science

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