This essay tackles head on the argument that sees an inherent paradox in the autonomy of the will as the ground for the authority of the fundamental practical norms. It points out that only on reductive understandings of the autonomy of the will can this idea be qualified as paradoxical, thereby yielding outcomes that either contradict their premises or present autonomy under a false guise. With that done, it will proceed to offer a conception of the autonomy of the will (...) which is not vulnerable to the paradox, and which may therefore be equipped to rest the fundamental practical norms on solid ground. Throughout this discussion, I will rely on constitutivism about practical reasons to specifically defend the twofold conclusion that (a) the paradox of autonomy can be avoided and that, relatedly, (b) if autonomy is properly conceptualised, it is fully equipped and well positioned to ground the authority of the fundamental practical norms. (shrink)

The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of formal justice described (...) by Luhmann with the ideal conception of justice presented by Derrida. Here this kind of attempt is rejected as epistemologically wrong. In addition, Luhmann’s theory is argued to have other shortcomings, namely: the failure to understand the pragmatic function of principles, and the incapacity to describe the current legal questions linked with cultures and legal pluralism, which characterise our society. (shrink)