36 found
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  1.  31
    The Law of Negligence, Blameworthy Action and the Relationality Thesis: A Dilemma for Goldberg and Zipursky’s Civil Recourse Theory of Tort Law.Veronica Rodriguez-Blanco - 2021 - Law and Philosophy 41 (1):63-82.
    In this paper, I discuss Goldberg and Zipursky’s Recognizing Wrongs and argue that there is a tension between their philosophy of action as applied to the law of negligence and the idea that the directive-based relationality thesis is central and, therefore, the action and conduct of the defendant should not be part of the core explanation of the tort of negligence.
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  2.  98
    Is Finnis wrong?Veronica Rodriguez-Blanco - 2007 - Legal Theory 13 (3-4):257-283.
    Judges and lawyers believe that international law, customary law, and legal systems such as the Third Reich or apartheid law in South Africa are law. But how do we explain the fact that there is one concept of law when there are different conceptions of law with a variety of different features? Finnis, inspired by the Aristotelian notion of central case, adumbrates the idea that the concept of law might be unified by a primary concept which is the concept of (...)
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  3.  8
    The nature of human practices and the importance of practical reason: why law cannot be a moral practice only.Veronica Rodriguez-Blanco - 2024 - Jurisprudence 15 (2):174-181.
    I will advance two criticisms and one comment to Hershovitz's Law is a Moral Practice. First, I will argue that the idea that law is a moral practice because it rearranges our moral relationships tends to be circular, unless a conception of practical reason connected to morality and human practices are advanced. Second, I will problematise the predominance of a backward-looking legal reasoning that focuses on rights and wrongs only. Finally, I will explore Bernard Williams diagnosis regarding ‘the problem of (...)
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  4.  14
    Melissa Lane’s Of Rule and Office: Plato’s Idea of the Political as contribution to legal philosophy.Veronica Rodriguez-Blanco - 2024 - History of European Ideas 50 (6):1109-1113.
    I would like to locate the thought-provoking ideas advanced by Lane’s Of Rule and Office: Plato’s Idea of the Political within the context of contemporary intellectual legal philosophy and constitu...
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  5. Towards a Concept of Human Rights: Inside and Outside Genealogy.Veronica Rodriguez-Blanco - 2012 - Archiv für Rechts- und Sozialphilosophie 98 (3):346-359.
    Raymond Geuss asserts that there are fragmented views on what human rights are and that there is no unifying principle underlying such notion. I think that this view has its merits. It conveys the particularity of our perspectives, attitudes, desires and selfunderstandings. It rejects abstractness and is committed to a thick, perspectivist, historical understanding of personhood. To understand who we are, is to understand how we arrive at being who we are. By contrast, the notion of human rights deploys abstractness, (...)
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  6.  13
    Law and authority under the guise of the good.Veronica Rodriguez-Blanco - 2014 - Portland, Oregon: Hart Publishing.
    The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework (...)
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  7.  64
    A Revision of the Constitutive and Epistemic Coherence Theories in Law.Veronica Rodriguez-Blanco - 2001 - Ratio Juris 14 (2):212-232.
    This paper analyses and criticizes Joseph Raz's attacks on coherentist theories. It is argued that Raz's characterisation of epistemic coherence theories is too narrow and that his criticism of constitutive coherence theories is based on a conceptual mistake in his own description. The study is an indirect argument to rethink coherence theories of law and adjudication within a more powerful framework than that propounded by Raz.
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  8.  29
    Verónica Rodríguez-Blanco.Verónica Rodríguez-Blanco - 2017 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (11).
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  9.  8
    Action in Law’s Empire: Judging in the Deliberative Mode.Veronica Rodriguez-Blanco - 2016 - Canadian Journal of Law and Jurisprudence 29 (2):431-456.
    Dworkin advances the view that judges decide legal cases according to constructive interpretation. The aim of constructive interpretation is to justify the coercion of the State. A trivial implication of this view is that officials and citizens will comply with the law because of the justification that has been advanced by judges in their exercise of constructive interpretation. Consequently, neither officials nor citizens comply with the law because they have been coerced or because they have been simply told to do (...)
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  10. A defence of Hart's semantics as nonambitious conceptual analysis.Veronica Rodriguez-Blanco - 2003 - Legal Theory 9 (2):99-124.
    Two methodological claims in Hart's TheConceptofLaw have produced perplexity: that it is a book on 1 and that it may also be regarded as an essay in 2 Are these two ideas reconcilable? We know that mere analysis of our legal concepts cannot tell us much about their properties, that is, about the empirical aspect of law. We have learned this from philosophical criticisms of conceptual analysis; yet Hart informs us that analytic jurisprudence can be reconciled with descriptive sociology. The (...)
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  11.  69
    Handbook of Legal Reasoning and Argumentation.Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.) - 2011 - Dordrecht, Netherland: Springer Verlag.
    This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...)
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  12.  22
    The Normativity of Law: Ancient and Contemporary Perspectives.Veronica Rodriguez-Blanco & Antony Hatzistavrou - 2022 - Ancient Philosophy Today 4 (Supplement):1-1.
  13.  81
    If You Cannot Help Being Committed to It, then It Exists: A Defence of Robust Normative Realism.Veronica Rodriguez-Blanco - 2012 - Oxford Journal of Legal Studies 32 (4):823-841.
    This review article examines David Enoch’s recent book Taking Morality Seriously and focuses on ‘the deliberative indispensability of irreducibly normative truths’ which is a central argument of the book. I will show that this important and original argument as it stands fails. I will also argue that if Enoch had embraced all the consequences of his argument, then he would have opened up a more promising line of argument via which to defend the robust realism of normative truths. I will, (...)
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  14.  22
    Dignity in the legal and political philosophy of Ronald Dworkin.Salman Khurshid, Lokendra Malik & Veronica Rodriguez-Blanco (eds.) - 2018 - New Delhi, India: Oxford University Press.
    Well-known for his contribution to the juristic world, Professor Ronald Dworkin was an outstanding legal philosopher of his generation. This volume celebrates the thoughts of Ronald Dworkin on dignity. The contributors have critically engaged with different perspectives of Dworkin's thoughts on dignity. The aim is to shed light on juridical and moral contemporary conundrums such as the role of dignity in constitutional contexts in India, and the understanding of dignity as either a foundation of human rights or as a supra (...)
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  15.  20
    Agency, Negligence and Responsibility.George I. Pavlakos & Veronica Rodriguez-Blanco (eds.) - 2021 - New York, NY, USA: Cambridge University Press.
    This collection of essays represents a ground-breaking collaboration between moral philosophers, action theorists, lawyers and legal theorists to set a fresh research agenda on agency and responsibility in negligence. The complex phenomenon of responsibility in negligence is analysed from multi- and interdisciplinary perspectives, shedding light on key ethical and legal issues related to agency and negligence to impact substantive law and policy-making in different jurisdictions. The volume introduces new debates and questions old assumptions, inviting the reader to rethink substantive law (...)
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  16.  9
    Reasons and Intentions in Law and Practical Agency.George Pavlakos & Veronica Rodriguez-Blanco (eds.) - 2015 - New York: Cambridge University Press.
    This collection of new essays explores in depth how and why we act when we follow practical standards, particularly in connection with the authority of legal texts and lawmakers. The essays focus on the interplay of intentions and practical reasons, engaging incisive arguments to demonstrate both the close connection between them, and the inadequacy of accounts that downplay this important link. Their wide-ranging discussion includes topics such as legal interpretation, the paradox of intention, the relation between moral and legal obligation, (...)
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  17.  52
    A Symposium on the Nature of Legal and Political Authority: Accountability or Preemption.Veronica Rodriguez-Blanco - 2011 - Jurisprudence 2 (1):99-102.
    An introduction by Veronica Rodriques-Blanco to A Symposium on the Nature of Legal and Political Authority.
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  18. Bernard Williams on Law and Jurisprudence: From Agency and Responsibility to Methodology.Veronica Rodriguez-Blanco, Daniel Peixoto Murata & Julieta A. Rabanos (eds.) - forthcoming - Oxford: Hart.
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  19. Dworkin's dignity under the lens of the Magician of Könisberg.Veronica Rodriguez-Blanco - 2018 - In Salman Khurshid, Lokendra Malik & Veronica Rodriguez-Blanco (eds.), Dignity in the legal and political philosophy of Ronald Dworkin. New Delhi, India: Oxford University Press.
     
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  20.  81
    Does Kelsen’s Notion of Legal Normativity Rest on a Mistake?Veronica Rodriguez-Blanco - 2012 - Law and Philosophy 31 (6):725-752.
    Kelsen advanced a sophisticated naturalist conception of intention and adumbrated a methodological strategy that would enable the transformation of the sophisticated naturalist conception of ‘intention’ into a cognizable object of legal science while simultaneously providing an explanation of the legal ‘ought’. The methodological strategy is the ‘inversion thesis’ which establishes that legal norms enable us to objectively identify and determine the ‘will’ or the intention of legal authority. Contrary to nineteenth century psychologism, Kelsen argues that it is not the case (...)
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  21. From Shared Agency to the Normativity of Law: Shapiro’s and Coleman’s Defence of Hart’s Practice Theory of Rules Reconsidered.Veronica Rodriguez-Blanco - 2009 - Law and Philosophy 28 (1):59 - 100.
    Colemanand Shapiro have recently advanced a second at- tempt to reconcile Hart’s practice theory of rules and the idea of the normativity of law; i.e., the idea that legal rules qua social rules give reasons for actions and, in some circumstances create and impose duties and obligations. Their argumentative strategy is to resort to elements in Bratman’s work on shared agency and planning, though they introduce important and substantive modifications to Bratman’s own explanation. Bratman describes his own theory as a (...)
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  22. Introduction.Veronica Rodriguez-Blanco - 2018 - In Salman Khurshid, Lokendra Malik & Veronica Rodriguez-Blanco (eds.), Dignity in the legal and political philosophy of Ronald Dworkin. New Delhi, India: Oxford University Press.
     
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  23.  32
    Is Practical Knowledge Prior to Theoretical Knowledge in Action? Reflecting on Anscombe’s Institutional Transparency.Veronica Rodriguez-Blanco - 2018 - Journal of Value Inquiry 52 (3):257-267.
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  24. Moral convictions in Dworkin's legal theory.Veronica Rodriguez-Blanco - 2001 - Rechtstheorie 32 (1):1-22.
     
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  25. Moral Ignorance, Wrongness, and Responsibility for Negligent Actions that Arise due to "Belonging to a Group" : Steps Towards an Aristotelian Constitutivism.Veronica Rodriguez-Blanco - 2025 - In Stefano Bertea & Jorge Silva Sampaio (eds.), Metaethical issues in contemporary legal philosophy: a constitutivist approach. New York, NY: Routledge.
     
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  26. Objectivity in law.Veronica Rodriguez-Blanco - 2010 - Philosophy Compass 5 (3):240-249.
    In the first part of this paper, I discuss the different kinds of objectivity; general and legal objectivity more specifically. In the second part, I endeavour to explain the two main views that have been advanced to answer four core questions on legal objectivity. The first is whether moral and legal values are objective. Second, what is the nature of the relationship between legal and moral values? The third is whether, due to the specific nature of law, we should consider (...)
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  27.  36
    One Myth of the Classical Natural Law Theory: Reflecting on the “Thin” View of Legal Positivism.Veronica Rodriguez-Blanco & Pilar Zambrano - 2018 - Ratio Juris 31 (1):9-32.
    Much controversy has emerged on the demarcation between legal positivism and non-legal positivism with some authors calling for a ban on the -as they see it- nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of sophisticated and sound argumentation. In this paper we do not use the term ‘legal positivism’ as a simplistic label but identify a specific position which we consider to be the most appealing and plausible view on legal (...)
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  28. Practical reason in the context of law.Veronica Rodriguez-Blanco - 2017 - In George Duke & Robert P. George (eds.), The Cambridge companion to natural law jurisprudence. New York: Cambridge University Press.
     
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  29. (1 other version)Re-examining deep conventions : practical reason and forward-looking agency.Veronica Rodriguez-Blanco - 2016 - In Paweł Banaś, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.), Metaphilosophy of Law. Portland, Oregon: Hart.
     
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  30.  55
    Social and Justified Legal Normativity: Unlocking the Mystery of the Relationship.Veronica Rodriguez-Blanco - 2012 - Ratio Juris 25 (3):409-433.
    Can Hart's non-cognitivism be reconciled with his rejection of the predictive and sanction-based explanations of law? This paper analyses Hart's notion of the internal point of view and focuses on the notion of acceptance of a rule along the lines of a non-cognitivist understanding of intentional actions. It is argued that a non-cognitivist analysis of acceptance of rules is incomplete and parasitic on a more basic or primary model of acceptance that does not involve mental states. This basic or primary (...)
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  31.  14
    The Authority of Law.Veronica Rodriguez-Blanco - 2011 - In Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.), Handbook of Legal Reasoning and Argumentation. Dordrecht, Netherland: Springer Verlag. pp. 219-240.
    What happens in the agent that enables her to comply with the legal command or directive? When we perform an action because we are complying with the legal command or directive, are we still active, self-governed autonomous agents? In what sense are we still autonomous agents? The task of this study is to explain what legal authority is and the premise of the study is that this question can only be answered through understanding of how legal authority operates upon the (...)
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  32. Tracing Finnis's criticism of hart's internal point of view : instability and the 'point' of human action in law.Veronica Rodriguez-Blanco - 2021 - In Torben Spaak (ed.), The Cambridge Companion to Legal Positivism. New York, NY: Cambridge University Press.
     
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  33.  67
    The Why-Question Methodology, The Guise of the Good and Legal Normativity.Veronica Rodriguez-Blanco - 2017 - Jurisprudence 8 (1):127-142.
  34. What makes a transnational rule of law? understanding the logos and values of human action in transnational law.Veronica Rodriguez-Blanco - 2018 - In Kenneth Einar Himma, Miodrag A. Jovanović & Bojan Spaić (eds.), Unpacking Normativity - Conceptual, Normative and Descriptive Issues. New York: Hart Publishing.
     
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  35. Book Review: The Law and the Right: A Reappraisal of the Reality that Ought to Be, by Enrico Pattaro. [REVIEW]Veronica Rodriguez-Blanco - 2009 - Canadian Journal of Law and Jurisprudence 22 (2):451-456.
    Rodriguez-Blanco examines Enrico Pattaro's effort to explain the normativeness or binding force of the law. Pattaro defends the controversial claim that norms are motives of behaviour and provides a rich explanation of how these motives, i.e., beliefs in the human brain, move human agency. In her review, Rodriguez-Blanco challenges Pattaro's empirical conception of human agency.
     
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  36.  52
    Review of Mathew H. Kramer, Objectivity and the Rule of Law[REVIEW]Veronica Rodriguez-Blanco - 2008 - Notre Dame Philosophical Reviews 2008 (3).
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