Abstract

MONTI, Ezequiel. The Superfluity of Law Paradox and the Epistemic Value of Democracy. Anal. filos. [online]. 2015, vol.35, n.1, pp.133-157. ISSN 1851-9636.

In this paper I critically analyse Nino’s thesis according to which the epistemic value of democracy solves the paradox of the superfluousness of law. In this regard, I address two issues. First, if the epistemic value of democracy is a reason to believe that we have reasons to act in conformity with democratic laws. Second, if the epistemic value of democracy is a reason to act in conformity with democratic laws independently of the merits of the case and, in that case, if that can adequately explain the normativity of law.

Keywords : Carlos S. Nino; Paradox of the Superfluousness of Law; Normativity of Law; Epistemic Theory of Democracy; Authority; Political Obligation.

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