Philosophical Studies 179 (2):633-653 (2022)
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Abstract |
Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018).
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Keywords | Hume's Law Legal positivism Metaethical naturalism Metaphysical grounding |
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Reprint years | 2022 |
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DOI | 10.1007/s11098-021-01674-5 |
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References found in this work BETA
Taking Morality Seriously: A Defense of Robust Realism.David Enoch - 2011 - Oxford University Press UK.
Metaphysical Dependence: Grounding and Reduction.Gideon Rosen - 2010 - In Bob Hale & Aviv Hoffmann (eds.), Modality: Metaphysics, Logic, and Epistemology. Oxford University Press. pp. 109-135.
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