The normative force of the factual : legal philosophy between is and ought / Nicoletta Bersier Ladavac, Christoph Bezemek, Frederick Schauer, editors.
2019
K237 .N67 2019 (Mapit)
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Details
Title
The normative force of the factual : legal philosophy between is and ought / Nicoletta Bersier Ladavac, Christoph Bezemek, Frederick Schauer, editors.
Added Author
Imprint
Cham, Switzerland : Springer, [2019]
Copyright
©2019
Description
viii, 180 pages ; 24 cm.
Series
Law and philosophy library ; v. 130. 1572-4395
Formatted Contents Note
Georg Jellinek's theory of the two sides of the state ("Zwei-Seiten-Lehre des Staates") / Oliver Lepsius
Sein and Sollen, "Is" and "ought" and the problem of normativity in Hans Kelsen / icoletta Bersier Ladavac
Law as fact and norm : Georg Jellinek and the dual nature of law / Matthias Klatt
The 'normative force of the factual' : a positivist's panegyric / Christoph Bezemek
The effectiveness-legitimacy conundrum in the international law of state formation / Andreas Th. Müller
How the facts enter into the law / Clemens Jabloner
The fact of norms / Michael Potacs
Ex facto jus oritur / Alexander Somek
The many forces in law : rational, physical and psychological coercion / Jorge Emilio Núñez
Legal facts and reasons for action : between deflationary and robust conceptions of law's reason-giving capacity / Noam Gur
On the alleged problem of legal normativity / Frederick Schauer.
Sein and Sollen, "Is" and "ought" and the problem of normativity in Hans Kelsen / icoletta Bersier Ladavac
Law as fact and norm : Georg Jellinek and the dual nature of law / Matthias Klatt
The 'normative force of the factual' : a positivist's panegyric / Christoph Bezemek
The effectiveness-legitimacy conundrum in the international law of state formation / Andreas Th. Müller
How the facts enter into the law / Clemens Jabloner
The fact of norms / Michael Potacs
Ex facto jus oritur / Alexander Somek
The many forces in law : rational, physical and psychological coercion / Jorge Emilio Núñez
Legal facts and reasons for action : between deflationary and robust conceptions of law's reason-giving capacity / Noam Gur
On the alleged problem of legal normativity / Frederick Schauer.
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 'normativtiy'. 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" -- Page 4 of cover.
Note
Includes bibliographical references.
Call Number
K237 .N67 2019
Language
English
ISBN
9783030189297 (eBook)
9783030189280
3030189287
9783030189280
3030189287
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