Ein Plädoyer für den Rechtsnormen-Konsequentialismus

How can legal norms be morally evaluated? In this paper we discuss and defend consequentialism about legal norms. According to this doctrine, the legitimacy of legal norms depends entirely on the consequences of the norms’ validity. Consequentialism about legal norms shares the advantages of both act- and rule-consequentialism while avoiding the respective disadvantages. In particular, consequentialism about legal norms has prima-facie plausibility like act-consequentialism and for similar reasons: it qualifies as a version of collective act-consequentialism. At the same time, the implications of consequentialism about legal norms cohere with common-sense morality because, like rule-consequentialism, consequentialism about legal norms takes into account the motivational limits of human agents.