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  1.  85
    Constitutivism and Normativity: A Qualified Defence.Stefano Bertea - 2013 - Philosophical Explorations 16 (1):81-95.
    In this article, I defend a meta-normative account of constitutivism by specifically addressing what I take to be a fundamental criticism of the constitutivist stance, namely, the objection that constitutive standards have conceptual, not normative, force, and so that no practical normativity can be extracted from them as constitutive of agency. In reply to this objection, I argue that the conceptual role of the standards constitutive of agency? their applying to us by virtue of our being the kinds of creatures (...)
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  2.  2
    Where Objective Facts and Norms Meet.Stefano Bertea - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-26.
    In this essay, I will engage with the controversy that has sprung up between the proponents of the sharp separation thesis and those of the entanglement thesis. What I will be defending is a variant of the entanglement thesis. By drawing on contemporary action theory and on epistemic conceptualism, I will argue that, while objective facts and practical norms are indeed distinct categories of thought, that distinction does not amount to a conceptual gap—a dichotomy or unbridgeable divide. Their relation, in (...)
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  3.  4
    A Theory of Legal Obligation.Stefano Bertea - 2019 - Cambridge University Press.
    The focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports (...)
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  4.  5
    The Normative Claim of Law.Stefano Bertea - 2009 - Hart.
    Meaning and status -- Generality and moral quality -- Content-dependence and discursive character -- Why grounds are needed -- Grounding the normativity of practical reason -- Grounding the normative claim and force of law.
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  5.  4
    New Essays on the Normativity of Law.Stefano Bertea & George Pavlakos (eds.) - 2011 - Hart.
    An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying at the heart of any comprehensive legal-theoretical project. The essays collected in this book are meant to further our understanding of the normativity of law. More specifically, the book stages (...)
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  6.  22
    Does Arguing From Coherence Make Sense?Stefano Bertea - 2005 - Argumentation 19 (4):433-446.
    In this paper the argument from coherence is submitted to a critical analysis. First, it is argued to be a complex form of coordinative argumentation, structured on various argumentative levels. Then, using the pragma-dialectical theory of argumentation a distinction is brought out between two basic forms of the argument from coherence: in one use this argument occurs as a sequence of two symptomatic arguments; in the other use we have a main symptomatic argument supported by a subordinate pragmatic argument. Finally, (...)
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  7.  14
    Certainty, Reasonableness and Argumentation in Law.Stefano Bertea - 2004 - Argumentation 18 (4):465-478.
    This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious (...)
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  8.  34
    Certainty, Reasonableness and Argumentation in Law.Stefano Bertea - 2004 - Argumentation 18 (4):465-478.
    This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialec-tical notion of rationality this alternative account espouses an ambitious (...)
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  9.  6
    The Dual Nature Thesis as a Cornerstone of Jurisprudence.Stefano Bertea - 2022 - American Journal of Jurisprudence 67 (1):57-82.
    : In this work I defend the view that the “dual nature thesis” stands as a cornerstone of jurisprudence, in the sense that there cannot be any general theory of law that can afford to do away with it. Defending this stance requires me to first characterize the dual nature thesis in some detail. In this process, I will argue for a basic sense of the thesis under which law is best conceived as a social practice that could not work (...)
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  10.  7
    Law and Obligation: Outlines of a Kantian Argument.Stefano Bertea - 2011 - In Stefano Bertea & George Pavlakos (eds.), New Essays on the Normativity of Law. Hart. pp. 199--218.
  11. A Critique of Inclusive-Positivism.Stefano Bertea - 2007 - Archiv für Rechts- Und Sozialphilosophie 93 (1):67-81.
    In this paper, I present a critique of inclusive positivism. Inclusive positivism is an untenable position, I argue, because the connection between law and critical morality is conceptual and thus more than merely an accident or a possibility: at the foundation of law we find social facts, but we also and importantly find moral evaluations. This thesis is supported by an argument showing in essence that law cannot exist apart from justification and that justification is a morally coloured practice. For (...)
     
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  12. Etica pratica per società multiculturali. Note su un recente volume.Stefano Bertea - 2006 - Rivista Internazionale di Filosofia Del Diritto 2:305-314.
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  13. Normativity, Human Constitution and Legal Theory.Stefano Bertea - 2011 - In Jerzy Stelmach & Bartosz Brożek (eds.), The Normativity of Law. Copernicus Center Press.
  14.  40
    A Foundation for the Conception of Law as Practical Reason.Stefano Bertea - 2015 - Law and Philosophy 34 (1):55-88.
    This essay discusses a foundation of the connection argued to exist between law and practical reason that has proved to be highly influential and debated in contemporary legal philosophy – Alexy’s. After reconstructing Alexy’s conception of practical reason as well as its foundation, I criticise the weak transcendental-pragmatic argument Alexy uses to ground the authority of practical reason. This argument, I argue, can only show why occasionally, as opposed to necessarily, we ought to follow the guidance of practical reason, and (...)
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  15.  19
    Remarks on a Legal Positivist Misuse of Wittgenstein's Later Philosophy.Stefano Bertea - 2003 - Law and Philosophy 22 (6):513-535.
  16.  6
    Freedom, Responsible Agency and Law. [REVIEW]Kristen Rundle, Andrés Rosler, Jonathan Crowe, Stefano Bertea, Noam Gur & N. E. Simmonds - 2014 - Jurisprudence 5 (1):75-160.
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  17.  4
    Feteris, E. T., H. Kloosterhuis, J. Plug, & C. Smith (Eds. 2016). Legal Argumentation and the Rule of Law. [REVIEW]Stefano Bertea - 2018 - Journal of Argumentation in Context 7 (3):355-357.
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  18.  8
    Coherentism and Foundationalism in the Practical Domain.Stefano Bertea - 2016 - Jurisprudence 7 (2):365-375.
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