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.
|Original language||American English|
|Title of host publication||Dimensions of Normativity|
|Subtitle of host publication||New Essays on Metaethics and Jurisprudence|
|Publisher||Oxford University Press|
|Number of pages||22|
|State||Published - 1 Jan 2019|
Bibliographical notePublisher Copyright:
© Oxford University Press 2019. All rights reserved.
- formal normativity
- full-blooded normativity
- legal positivism
- normativity of law