Contribuciones de J. Waldron a una teoría descriptiva de la legislación
Published in Revista Telemática de Filosofía del Derecho, 2023
In Law and Disagreement, Waldron develops a theory of legislation in an attempt to justify the political legitimacy of parliaments and the authority of law. However, his normative proposal is intertwined with a descriptive theory that encompasses a theory of collective action and institutionalised groups, as well as an analysis of the structural and functional aspects of legislation. The paper sets out to rationally reconstruct this analysis with a view to critically assessing the contributions it can offer for the construction of a descriptive theory of legislation. It is concluded that while the structure of the analysis that identifies different aspects of legislation (agent, procedural rules, process and product) and their functional relationships is illuminating, the attributions of functions in Waldron’s argument are problematic as they are not informative of the actual functioning of the different aspects of legislation. Nevertheless, this is resolved if the functions Waldron highlights are understood as contributions of institutional arrangements to different capacities of aspects of legislation.
Recommended citation: Almonacid Almarza, Diego. (2023). "Contribuciones de J. Waldron a una teoría descriptiva de la legislación." Revista Telemática de Filosofía del Derecho, no. 26, pp. 107-133.