2013 Fiscal Year Final Research Report
Meta-normative analysis of Legal Theory and Reformulation of Command Theory
| Project/Area Number |
23730007
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Fundamental law
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| Research Institution | Kobe University |
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Principal Investigator |
ANDO Kaoru 神戸大学, 法学(政治学)研究科(研究院), 准教授 (20431885)
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| Project Period (FY) |
2011 – 2013
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| Keywords | 法実証主義 / メタ倫理学 / 法命令説 |
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| Research Abstract |
Firstly, we vindicated the plausibility of the Realist-Expressivism,which is a hybrid expressivism based on the cognitivism, as a semantic theory of deontic statements and judgements. Secondly, we provided the semantics of legal statements by the realist-expressivism, arguing they are the judgements about whether or not certain norms (which are typically the semantic contents of imperatives) belong to the set of norms identified by naturalistic facts. Thirdly, we elucidated the "Theoretical Disagreement Problem" by Dowrkin and showed that it is a general semantical problem of the hygrid expressivism based on the non-cognitivism, of which Hart's legal positivism was an instance and that the realist-expressivism is a plausible alternative in that it can neatly solve the problem.
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