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143The Explanatory Demands of Grounding in LawPacific Philosophical Quarterly 103 (4): 900-933. 2022.A new strategy in philosophy of law appeals to explanatory gap arguments to attack legal positivism. We argue that the strategy faces a dilemma, which derives from there being two available readings of the constraint it places on legal grounding. To this end, we elaborate the most promising ways of spelling out the epistemic constraints governing law-determination, and show that each of the arguments based on them has problems. Throughout the paper, we evaluate a number of explanatory requiremen…Read more
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412Metafísica y MoralIn Guillermo Lariguet, María Sol Yuan & Nicolás Alles (eds.), La metaética puesta a punto, Ediciones Unl. pp. 250-271. 2023.
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219On the (in)significance of Hume’s LawPhilosophical Studies 179 (2): 633-653. 2022.Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is a s…Read more
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573Metafísica para JuristasIn Guillermo Lariguet & D. Lagier (eds.), Filosofía para Juristas. Una Introducción, . 2022.
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279Grounding-based formulations of legal positivismPhilosophical Studies 177 (11): 3283-3302. 2020.The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role …Read more
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45Interpretive Arguments and the Application of the LawIn Giorgio Bongiovanni, Gerald Postema, Antonino Rotolo, Giovanni Sartor, Chiara Valentini & Douglas Walton (eds.), Handbook of Legal Reasoning and Argumentation, Springer. pp. 495-517. 2011.Some philosophers have recently emphasized the similarities between lawmaking and the production of linguistic utterances in ordinary communication. Based on these similarities, they have defended a theory of legal interpretation that identifies the legal content of a lawmaking act with the communicative content of the authoritative “utterance”. While different versions of the theory differ with respect to which level of utterance content they regard as relevant, they agree that the theory’s sco…Read more
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177Law-Determination as Grounding: A Common Grounding Framework for JurisprudenceLegal Theory 25 (1): 53-76. 2019.Law being a derivative feature of reality, it exists in virtue of more fundamental things, upon which it depends. This raises the question of what is the relation of dependence that holds between law and its more basic determinants. The primary aim of this paper is to argue that grounding is that relation. We first make a positive case for this claim, and then we defend it from the potential objection that the relevant relation is rather rational determination (Greenberg 2004, 2006). Against thi…Read more
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48Il Diritto Come Linguaggio (nella Filosofia Analitica Contemporanea)In C. and Roversi G. Pino G. Bongiovanni (ed.), Che cosa è il diritto. Ontologie e concezioni del giuridico, Giappichelli. pp. 373-412. 2016.
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57The Speaker Dilemma in Legal Implicatures: Comparisons and Further IssuesIn Villa Rosas A. S. Santacoloma A. Ferreira Leite de Paula (ed.), Truth and Objectivity in Law and Morals, Proceedings of the Second Special Workshop held at the 27th World Congress of the International Association for Philosophy of Law and Social Philosophy in Washington D.C., 2015, Archiv für Rechts- und Sozial philos, Franz Steiner Verlag.. 2016.
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64The Semantics and Pragmatics of 'According to the Law'In Alessandro Capone & Francesca Poggi (eds.), Pragmatics and Law: Philosophical Perspectives, Springer. pp. 61-88. 2016.
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327Grounding entails supervenienceSynthese 198 (S6): 1317-1334. 2021.Do grounding claims entail corresponding supervenience claims? The question matters, as a positive answer would help grounding theorists address worries that their hyperintensional primitive is obscure, and also increase the argumentative strategies that are available within ground-theoretic frameworks for metaphysical inquiry. Leuenberger (Erkenntnis 79:227–240, 2014a) argues for a negative response, by specifying some candidate principles of entailment and then claiming that each of them is su…Read more
APA Western Division
Areas of Interest
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Metaphysics |
Philosophy of Law |
Meta-Ethics |
Normative Ethics |
Social and Political Philosophy |
Philosophy of Language |