Kyritsis on Legal Normativity & the Methodology of Jurisprudence

Dimitrios Kyritsis (University of Reading) has posted Is Moralised Jurisprudence Redundant? (K E Himma, M Jovanovic, B Spaic (eds), Unpacking Normativity: Conceptual, Normative, and Descriptive Issues (Hart Publishing 2018) 3-16) on SSRN.  Here is the abstract: In recent years questions about legal normativity have spilled over to the debate about the methodology of jurisprudence. In fact, it has been thought by some that the resolution of the methodological issue can give us a decisive reason for siding with either positivism or non-positivism. Thus, it has been argued by some non-positivists that jurisprudence cannot be fully descriptive. It must evaluate the vast collection of data that comprise legal practice. This seems to give an edge to a normative methodology for jurisprudence, according to which a philosophical explanation of law necessarily involves recourse to moral values. Importantly, it is maintained that a normative methodology makes better sense…

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