‘Legal Theory Lexicon: Metaethics’

“Suppose that we are debating a question in normative legal theory – eg, whether gay couples should have a constitutional right to marry or whether tort law should replace the negligence standard with strict liability. In debates about what the law ought to be, two kinds of questions can arise. There are first order questions, eg the conventional arguments of principle or policy for and against particular legal rules. These first order questions involve issues of political morality; that is, normative legal theory involves first-order questions of normative ethics. Sometimes, however, a different sort of issue arises …” (more)

[Lawrence Solum, Legal Theory Blog, 21 November]

First posted 2021-11-22 09:00:47

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