Resumo

GONZALEZ DE LA VEGA, René. The Paradox of the Normativity of Law: A Comment on Veronica Rodriguez-Blanco's Solution. Probl. anu. filos. teor. derecho [online]. 2013, n.7, pp.63-79. ISSN 2448-7937.

This paper deals with Veronica Rodriguez-Blanco's answer to the paradox of the normativity of law: How can autonomous self-legislating persons act, without compromising their autonomy and their will, following legal rules? Regarding Rodriguez-Blanco's answer, I offer two main critiques. The first one is based on Rodriguez-Blanco's comments to David Enoch's paper in which I argue against the idea that a descriptive theoretical account of law can, and should, give an answer to general problems of normativity due to the fact that a theoretical approach that engages in questions about the normativity of law cannot be purely descriptive, therefore against Rodriguez-Blanco I conclude that Enoch's answer is the only response a descriptive account is able to offer. The second criticism focuses on Rodriguez-Blanco's response to the paradox and argues that her solution is not, in fact, a descriptive one, but one that relies on strong normative premises, which as it turns out defend a perfectionist perspective towards the law.

Palavras-chave : Normativity of Law; Descriptive Jurisprudence; Normative Jurisprudence; Perfectionism.

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