Resumo

RODRIGUEZ-BLANCO, Veronica. Reasons in Action v Triggering-Reasons: A Reply to Enoch on Reason-Giving and Legal Normativity. Probl. anu. filos. teor. derecho [online]. 2013, n.7, pp.3-25. ISSN 2448-7937.

The central problem of the 'normativity of law' concerns how legal rules or directives give us reasons for actions. The core of this question is how something that is external to the agent, such as legal rules or directives, can be 'part of the agent', and how they can guide the agent in performing complex actions (such as legal rule-following) that persist over time. David Enoch has denied that the normativity of law poses any interesting challenge to theories of law. He argues that law provides reasons for actions in terms of what he calls triggering-reasons and he advances the view that because there are many circumstances in which reasons are triggered, law does not pose a special challenge. According to Enoch, once we understand the way that triggering reasons operate, we can understand how legal rules and directives provide us with reasons for actions. In §II of this paper, I set the stage for the debate and establish a set of principles that emerge from the common sense of view of reasons for actions and argue that any theory of reasons for action should provide a coherent explanation of these key principles. I focus on the idea that a satisfactory account of reasons for action should also explain reasons in actions. In §III I explain briefly the different theories of reasons for action and locate Enoch's conception of reasons for action as triggering-reasons within this theoretical framework. In §IV I show that Enoch's conception of reasons for actions does not explain some of the key features or principles that emerge from our common sense view of reasons for action and nor does it explain reasons in actions.

Palavras-chave : Normativity of Law; Practical Reason; Norms.

        · resumo em Espanhol     · texto em Inglês     · Inglês ( pdf )