Montaigne's Inquiry into the Sources of Normativity

Delacroix, Sylvie (2003) Montaigne's Inquiry into the Sources of Normativity. Canadian Journal of Law and Jurisprudence, 16 (2). pp. 271-286. ISSN 0841-8209. (The full text of this publication is not available from this repository)

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Abstract

How can one explain the normative outcome of the initial law-creating practices without any reference to some pre-existing natural laws ``guaranteing" the lawgiver's enterprise? The challenge which the rejection of the classical natural law model represents amounts to explaining the normative dimension of law despite the arbitrariness of the social practices from which it stems. Montaigne gave both an exemplary formulation and a peculiar solution to that question: in order to reconstruct the authority of law despite the ``dangerous arbitrariness" from which it flows, Montaigne decides to avoid any inquiry regarding the original law-creating practices by positing a ``law of pure obedience".

Item Type: Article
Uncontrolled keywords: conduct, ethics, law, normativity
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Katrin Steinack
Date Deposited: 19 Dec 2007 18:00
Last Modified: 15 Apr 2014 08:19
Resource URI: http://kar.kent.ac.uk/id/eprint/129 (The current URI for this page, for reference purposes)
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