Manuel Atienza and the Labyrinth of His Minimal Moral Objectivism: Metaethical Constructivism and Human Dignity

This article addresses the meta-ethical assumptions of the post-positivist theory of law defended by Manuel Atienza. Thus, the concept of minimal moral objectivism held by the Spanish philosopher is analyzed in contrast with James S. Fishkin's perspective, who introducer that term. The central claim is that, unlike Fishkin's, who equates minimal moral objectivism with moral intuitionism or even particularism, Atienza's objectivism is, arguably, a form of metaethical constructivism with both procedural and substantive elements. These latter are a projection of the theory of dignity maintained by Atienza, which is as a condition of possibility for the existence of a moral community.