Kelsen essays in legal and moral philosophy

Bentham's book An Introduction to the Principles of Morals and Legislation was printed in but not published until

Kelsen essays in legal and moral philosophy

References and Further Reading 1. Metaethical assumptions In this section, we will introduce some preliminary linguistic notions that will allow us to give a better account of the cognitivism vs.

Canonically, forms of language are mainly divided in two species: Cognitive sentences are fact-dependent or bear truth-values, while non-cognitive sentences are, on the contrary, fact independent and do not bear truth-values. Different illocutionary acts Before introducing the notion of illocutionary force, we need to say more about language and its usage.

We are rather referring to a class including all the possible empirical performances made by a possible speaker in any language and in any occurrence of that determined expression.

On the other hand, propositions are the meaning of sentences: The same proposition may be used in different occurrences for doing different things. In other words, the same proposition can be used for asserting, questioning, asking, demanding and so on.

A sentence, therefore, can be understood as an illocutionary act.

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The general form of illocutionary acts, according to Searle, is: In this way, we can symbolize different kinds of illocutionary acts such as assertions: They are indeed instruments constructed with the help of propositions, and therefore they belong to language; this is what distinguishes them from other instruments devised to reach a certain aim.

We can distinguish two — not necessarily separated - elements within an illocutionary act, namely the propositional indicator p and the indicator of illocutionary force F.

On the contrary, illocutionary acts show the way a proposition is used or what illocutionary force the sentence belongs to. Therefore, illocutionary force has no semantic meaning whatsoever and so it does not form part, for example, of the conceptual amount of a norm sentence. Finally, the illocutionary dimension has a perlocutionary element attached.

According to Levinsonp. The main difference between a perlocutionary act and an illocutionary act stands on the fact that the former has a conventional nature, as it can be represented in explicit form using the performative formula; this conventional nature does not apply to perlocutionary act.

In the following, we will see the importance of perlocutionary acts within the emotive theories of ethics, which represent a kind of non-cognitivist theory.

Difference between language and metalanguage Another fundamental notion to understand is considering the difference between cognitivism and non-cognitivism concerns a linguistic difference between language and meta-language.

Legal Positivism | Natural Law, Natural Rights, and American Constitutionalism

This distinction makes clear another problematic feature intrinsic to the ordinary use of natural languages such as the ambiguity of normative sentences and prescriptions. Often non-cognitivist positions are confused with relativistic positions because of the shift from the object language into the meta-language.

There is no room for relativism here: Ambiguity of normative sentences Notice that normative sentences are ambiguous; they can be uttered both in descriptive and in normative ways at the level of common language.

In other words, the same normative sentence can be used either to perform prescriptions as well as to describe that a particular norm exists.Abstract.

This work analyzes the perspective of the German theoretician of law and politics Carl Schmitt () about one of the fundamental subjects of the political philosophy during the 20th century: democracy and its foundation.

An encyclopedia of philosophy articles written by professional philosophers.

hans kelsen. essays in legal and moral philosophy synthese library monographs on epistemology, logic, methodology, philosophy of science. Utilitarianism is an ethical theory that states that the best action is the one that maximizes utility.

"Utility" is defined in various ways, usually in terms of the well-being of sentient entities. Jeremy Bentham, the founder of utilitarianism, described utility as the sum of all pleasure that results from an action, minus the suffering of anyone involved .


with all the intellectual background and con­ ~ ~ ~ and. A.

Non-Cognitivism in Ethics | Internet Encyclopedia of Philosophy

and. THE THE. ESSA YS IN LEGAL AND MORAL PHILOSOPHY. Hans Kelsen's legal theory is not widely taught in the Analytic tradition, however this is an oversight.

Kelsen presents a prescriptivist legal theory that provides a justification for a strong sense of normativity. Hans Kelsen (German: [hans ˈkɛlsən]; October 11, – April 19, ) was an Austrian jurist, legal philosopher and political is author of the Austrian Constitution, which to a very large degree is still valid today.

Due to the rise of totalitarianism in Austria (and a constitutional change), Kelsen left for Germany .

Kelsen essays in legal and moral philosophy
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