Abstract

The essay critically investigates Moreso’s version of inclusive legal positivism, as it is articulated in the volume Lo Normativo. In particular, I will investigate Moreso’s thesis that the use of evaluative expressions does not result in an increase of judicial discretion, showing how it presupposes the existence and knowability of moral values. I will therefore examine the type of moral realism to which Moreso seems to adhere: the relaxed moral realism, in Parfit’s version. I will argue that this variant of moral realism (a) is not suitable for preventing the use of evaluative expressions from opening the way to decisional discretion and (b) is not a plausible version