The Normative in Jorge Luis Rodríguez’s Legal Theory: a Blind Spot?

  • José Juan Moreso Pompeu Fabra University, Barcelona
Keywords: Normativity of Law, Moral Relativism, Normative Legal Positivism, Verbal Dispute

Abstract

This paper deals with the issue of the normativity of law, as it is included in the chapters 2 and 7 of Jorge L. Rodriguez’s (2021) relevant book. In the section two, some issues in the vicinity of the issue at hand, particularly whether the debate
– in the traditional terms – between Natural Law Doctrine and legal positivism is a mere verbal dispute. Both theses are attributed to the author: the thesis of mora relativism and (in a more conjectural way) the thesis of normative legal positivism.
In the sections three and four, these theses are reconstructed and objected with the objective to undermine them. In the section five, it is maintained that in the analytical legal theory of Jorge L. Rodríguez perhaps the normativity could be a blind spot.

Published
2022-07-28
Section
Analytical Theory of Law. A debate