INVESTIGADORES
ARENA Federico Jose
artículos
Título:
Marmor on the Arbitrariness of Constitutive Conventions
Autor/es:
FEDERICO JOSÉ ARENA
Revista:
Jurisprudence
Editorial:
Hart Publishing
Referencias:
Año: 2011 vol. 2 p. 441 - 449
ISSN:
2040-3313
Resumen:
In Social Conventions: From Language to Law, 2009, Princeton, Princeton University Press, Andrei Marmor brings together some of his previous work on conventions and purports to give a final touch to the general picture. In this work I analyse one particular aspect of this broad enterprise. Though I share Marmor's initial intuition regarding the existence of a second type of conventions, side by side with the lewisian one, it seems to me that his conceptual proposal is in need of further clarification. In particular I believe that Marmor has not proven that constitutive conventions satisfy the third condition of conventionality that he himself proposes, that is, the condition of arbitrariness. I think that this difficulty stems from his attempt to base constitutive conventions on constitutive rules.
