The Normative Force of the Factual : Legal Philosophy Between Is and Ought / edited by Nicoletta Bersier Ladavac, Christoph Bezemek, Frederick Schauer.
2019
Title
The Normative Force of the Factual : Legal Philosophy Between Is and Ought / edited by Nicoletta Bersier Ladavac, Christoph Bezemek, Frederick Schauer.
Added Author
Added Corporate Author
Edition
1st ed. 2019.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2019.
Description
VIII, 180 p. online resource.
Series
Law and philosophy library. 2215-0315 ; 130.
Formatted Contents Note
On Jellinek's "Two Sides" of the State
On Jellinek's Concept of a Normative Force of the Factual
A Positivist View on the Normative Force of the Factual
The Normative Force of the Factual: A Doctrinal Perspective
The Normative Force of the Factual: A View from International Law
The Normative Force of the Factual in Analytical Perspective
The Fact of Norms
The Factual Force of the Normative
"Is" and "Ought" and the Problem of Normativity in Hans Kelsen
Facts and Law
Reflections on Law and Practical Reasons
On Normativity
Deflating Normativity
Law and Force
ShillongTacit Knowledge and the Shibboleth of law: A Deconstructive Intersection between Fact and Norm.
On Jellinek's Concept of a Normative Force of the Factual
A Positivist View on the Normative Force of the Factual
The Normative Force of the Factual: A Doctrinal Perspective
The Normative Force of the Factual: A View from International Law
The Normative Force of the Factual in Analytical Perspective
The Fact of Norms
The Factual Force of the Normative
"Is" and "Ought" and the Problem of Normativity in Hans Kelsen
Facts and Law
Reflections on Law and Practical Reasons
On Normativity
Deflating Normativity
Law and Force
ShillongTacit Knowledge and the Shibboleth of law: A Deconstructive Intersection between Fact and Norm.
Summary
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.
Location
www
In
Springer Nature eBook
Available in Other Form
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Printed edition:
Linked Resources
Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9783030189297
Record Appears in