Legal reasons: Between universalism and particularism

Journal of Moral Philosophy 2 (1):47-68 (2005)
  Copy   BIBTEX

Abstract

The first part of this work analyses the universalist and the particularist conceptions of reasons. The second part projects this analysis to the legal domain. The author stresses that universalism and particularism regarding reasons are mutually exclusive theories linked to incompatible conceptions of norms, i.e. norms as strict universal conditionals and norms as defeasible conditionals. In giving an account of this tenet, different meanings of universality and defeasibility are explored. A parallel debate regarding reasons can be found in the legal domain, where two contrasting categories of norms are usually distinguished: rules and principles. On this issue the author argues that the conception of legal reasons depends on the way in which this contrast between different kinds of legal norms is shaped.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,127

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Analytics

Added to PP
2009-01-28

Downloads
5 (#1,562,871)

6 months
131 (#32,434)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Defeaters and practical knowledge.Carla Bagnoli - 2018 - Synthese 195 (7):2855-2875.
Rule of Law y casos recalcitrantes.Pau Luque - 2020 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (14):217.

Add more citations

References found in this work

Law and language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford: Oxford University Press. pp. 935-968.

Add more references