Integration of descriptive theory and normative theory of law based on metaethics

2017 Fiscal Year Final Research Report

• Project/Area Number: 26380007
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Kobe University
• Principal Investigator: Ando Kaoru 神戸大学, 法学研究科, 准教授 (20431885)
• Project Period (FY): 2014-04-01 – 2018-03-31
• Keywords: 法概念論 / 法価値論 / 相対主義 / 意味論 / 法的言明

Outline of Final Research Achievements

First, we examined the applicability of semantic relativism to legal judgement/statement. We found that, contrary to its appearances, the alleged merits of truth relativism over content relativism is unwarranted because the "faultless disagreement" phenomena, which semantic relativism resorts to in order to solve the disagreement problem, can also provide theoretical resources for rather classical form of indexical views such as speaker relativism to avoid the problem. Second, we examined the plurality of the subject of legal judgement. We found the reality of group agency to be metaphysically unproblematic and methodological individualism self-destructing. Finally we classified various models of law (i.e. pure imperative theory, Kelsenian sanction theory etc.) and put them into a spectrum and make it correspondent with the various understanding of legal subjects (i.e. as person with reason or as human animal).

Free Research Field

法哲学