Abstract

GARCIA JARAMILLO, Leonardo. Normativity Commitment in J. J. Moreso's Work. A Fox That Wanted to Be a Hedgehog. Díkaion [online]. 2023, vol.32, n.1, e32120.  Epub Aug 22, 2023. ISSN 0120-8942.  https://doi.org/10.5294/dika.2023.32.1.20.

Josep Joan Moreso is among the most influential scholars in contemporary Spanish-speaking legal and constitutional canons. While compiling pieces published during the last five years, his latest book, Lo normativo: variedades y variaciones, is an anthology of his mature work: It maps the essential aspects of his thought and, thus, reconstructs the evolution of his enduring theoretical concerns. By and large, this review article analyzes, in hindsight, the main ideas he has been arguing and explores the extension of his work towards other concerns, particularly those that do not belong exclusively to ideal normative theory but to "non-ideal" approaches. These approaches are related mainly to judicial review foundations facing its enforcement in "non-well ordered" Constitutional States like the Latin American ones. Some doubts as to whether his conception of law, despite his self-adscription, should continue to be considered an expression of Inclusive Legal Positivism. Reasons for profound theoretical divergences between Ferrajoli and the so-called Genoese School are also raised.

Keywords : Philosophy of law; inclusive legal positivism; contemporary constitutionalism; metaethics; Moreso.