Can metalinguistic negotiations and 'conceptual ethics' rescue legal positivism?

In Alessandro Capone & Francesca Poggi (eds.), Pragmatics and Law: Practical and Theoretical Perspectives. Barcelona: Springer. pp. 223-241 (2017)
Abstract
In recent years, David Plunkett and Tim Sundell have published a series of interesting articles that made an original use of resources from linguistics and philosophy of language to reply to arguments for legal antipositivism, the thesis according to which moral or value facts are part of what determines what the law is in a given jurisdiction at a given time. Plunkett and Sundell’s strategy for resisting antipositivism appeals to the notion of a metalinguistic negotiation, which incorporates the notion of a metalinguistic or context disagreement. Sundell 2011 had argued that metalinguistic disagreements are a possible component of disputes about evaluative matters. A further notion deployed is that of conceptual ethics, an essential component of metalinguistic negotiations. This paper approaches a crucial concern about the deployment of both notions against disagreement-based arguments for legal antipositivism. Metalinguistic negotiations displace disagreements from the semantic to the metalinguistic level, but do not eliminate the appeal to moral or other normative reasons from legal disagreements. Conceptual ethics purports to be a normative activity, engaged with prescribing ways one ought to think and talk. On a broad understanding of legal reasoning and practice, metalinguistic negotiations and conceptual ethics are an integral part of it, and hence are consistent with evaluative and normative facts being essential to, and constitutive of, the law. Or so this paper argues.
Keywords Metalinguistic negotiation  Legal positivism  Legal disagreement  Grounding  Constitution
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,798
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Which Concepts Should We Use?: Metalinguistic Negotiations and The Methodology of Philosophy.David Plunkett - 2015 - Inquiry : An Interdisciplinary Journal of Philosophy 58 (7-8):828-874.
Legal Positivism: Still Descriptive and Morally Neutral.Andrei Marmor - 2006 - Oxford Journal of Legal Studies 26 (4):683-704.
Simplement, as a Metalinguistic Operator.T. Nyan - 1999 - Argumentation 13 (3):275-295.
Added to PP index
2016-12-10

Total downloads
11 ( #415,846 of 2,202,423 )

Recent downloads (6 months)
9 ( #22,660 of 2,202,423 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature