The Normative Force of the Factual - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Normative Force of the Factual write by Nicoletta Bersier Ladavac. This book was released on 2019-06-26. The Normative Force of the Factual available in PDF, EPUB and Kindle. This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
The Normative Force of Law
The Normative Force of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Normative Force of Law write by Liam Murphy. This book was released on 2019. The Normative Force of Law available in PDF, EPUB and Kindle. This paper discusses the question of whether individuals and states have duties to comply with law. It argues against all deontological accounts, and defends an instrumental account. On the instrumental account, private individuals frequently have no moral reason to comply with law. High government officials, and states, by contrast, typically have strong moral reason to comply. One upshot is that areas of law that are often regarded as in some sense marginal, such as international law and underenforced constitutional law, are in fact where law has its greatest moral force.
The Normative Web
The Normative Web - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Normative Web write by Terence Cuneo. This book was released on 2010-03-04. The Normative Web available in PDF, EPUB and Kindle. Antirealist views about morality claim that moral facts or truths do not exist. Do these views imply that other types of normative facts, such as epistemic ones, do not exist? The Normative Web develops a positive answer to this question. Terence Cuneo argues that the similarities between moral and epistemic facts provide excellent reason to believe that, if moral facts do not exist, then epistemic facts do not exist. But epistemic facts, it is argued, do exist: to deny their existence would commit us to an extreme version of epistemological skepticism. Therefore, Cuneo concludes, moral facts exist. And if moral facts exist, then moral realism is true. In so arguing, Cuneo provides not simply a defense of moral realism, but a positive argument for it. Moreover, this argument engages with a wide range of antirealist positions in epistemology such as error theories, expressivist views, and reductionist views of epistemic reasons. If the central argument of The Normative Web is correct, antirealist positions of these varieties come at a very high cost. Given their cost, Cuneo contends, we should find realism about both epistemic and moral facts highly attractive.
Between Facts and Norms
Between Facts and Norms - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Between Facts and Norms write by Jürgen Habermas. This book was released on 2015-10-08. Between Facts and Norms available in PDF, EPUB and Kindle. This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
The Normative Claim of Law
The Normative Claim of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Normative Claim of Law write by Stefano Bertea. This book was released on 2009-10-06. The Normative Claim of Law available in PDF, EPUB and Kindle. This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.
