On Wednesday, February 9, 2022 (12:00, Madrid), professor J. J. Moreso, Professor of Philosophy of Law at Universitat Pompeu Fabra, will participate in the LXVIII session of the Amuchastegui Permanent Seminar to present and discuss his latest book: Lo normativo: variedades y variaciones (Centro de Estudios Políticos y Constitucionales, 2021).
The session will feature the following commentators:
- Juan Carlos Bayón (Autonomous University of Madrid)
- Victoria Iturralde (University of the Basque Country)
- Sussana Pozzolo (University of Brescia, Italy)
- Juan Ruiz Manero (University of Alicante)
- Pablo Navarro (CONICET, Argentina)
- Verónica Rodríguez-Blanco (University of Surrey, United Kingdom)
Moderator: José María Sauca (Carlos III University of Madrid, Spain)
Key Information
J. J. Moreso is a Professor of Philosophy of Law at Pompeu Fabra University in Barcelona. He holds a Law Degree and a PhD in Law (UAB, 1983 and 1988, both with honors). His recent research focuses on the philosophical foundations of constitutionalism, the interpretation of law, and judicial reasoning. He has also taught at UAB, UdG, and been a Visiting Scholar at several European and Latin American universities. He has authored more than ten books and over two hundred articles and book chapters, including: La indeterminación del Derecho y la interpretación de la Constitución (CEPC, 1997, in English, Kluwer 1998) and La Constitución: modelo para armar (Marcial Pons, 2009). From 2005 to 2013, he served as Rector of Pompeu Fabra University. Since 2013, he has been President of AQU (Catalan University Quality Assurance Agency). He is co-director of the Filosofía y Derecho collection by Marcial Pons, and editor of journals such as Ratio Juris and Doxa.
Summary of the Work
The legal phenomenon reflects a crucial aspect: it qualifies certain human behaviors as non-optional, and therefore it is closely related to other domains, such as morality and politics, that do the same. It is also in tension with these domains. For this reason, among others, the study of this phenomenon lends itself to many diverse approaches. But these approaches are, in turn, interrelated. This book contains thirty essays addressing these relationships, from the connections between law and morality to the core features of a constitutional rule of law. In the first part, the varieties, the focus is introduced through practical philosophy problems aiming to support the main thesis: judicial reasoning inevitably incorporates moral reasoning in this era of constitutionalism. In the second part, the variations, the same incorporationist thesis serves as the backdrop for debates with more than twenty philosophers, whom the author acknowledges as influences, sharing the ascent to the same mountain of knowledge, though sometimes via different paths.
The book is structured around five major themes. The first, on the theory of law, touches on the nature of legal doctrine, principles of legal hierarchy and equality before the law, judicial argumentation, and unlawful evidence. The second section debates various constitutional issues, from autonomy over one's life to citizenship education, conscientious objection, and the principle of secularism. The third section is devoted to notions of freedom and democracy, and their relation to communitarianism, the market, and relativism. The fourth section discusses the principle of equality in different aspects, such as liberalism and social democracy, political equality, and women's citizenship. The fifth and final section revolves around peace, cosmopolitanism, and nationalism.
This activity is part of the following R&D&I projects:
"Construction of Emerging Rights. Debates for the Establishment of New Parameters of Constitutionality" ref. PID2019-106904RB-I00, funded by MCIN/AEI/10.13039/501100011033/.
“Interuniversity Program in Culture of Legality. H2019/HUM-5699 (ON TRUST-CM), funded by the Department of Education and Research of the Community of Madrid and the European Social Fund
The activity has received financial support from the Faculty of Law and Social Sciences at the Carlos III University of Madrid.
About the SPA Seminar
The Jesús G. Amuchastegui Permanent Seminar - a name that has replaced the previous title of Permanent Seminar on Law and Justice (SPDJ) as a small act of recognition to the group member who passed away in 2008 - aims to be an active space for the evaluation, promotion, and dissemination of research in the area of Legal Philosophy and Political Philosophy in Spain, fostering debate with internationally recognized academics about their ongoing research and latest publications.
Anyone interested in attending and receiving information about the Seminar can join the distribution list by sending an email to derechoyjusticia@uc3m.es.
Prior to the session, a paper will be distributed to attendees for discussion.
SPA