The Normative Force of the Factual : Legal Philosophy Between Is and Ought / edited by Nicoletta Bersier Ladavac, Christoph Bezemek, Frederick Schauer.

Format:

Book

Contributor:

Bersier Ladavac, Nicoletta., Editor.

Bezemek, Christoph., Editor.

Schauer, Frederick., Editor.

Series:

Law and Philosophy Library, 2215-0315 ; 130

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Law--History.

Conflict of laws.

International law.

Comparative law.

Theories of Law, Philosophy of Law, Legal History.

Private International Law, International and Foreign Law, Comparative Law.

Philosophy of Law.

Local Subjects:

Theories of Law, Philosophy of Law, Legal History.

Private International Law, International and Foreign Law, Comparative Law.

Philosophy of Law.

Physical Description:

1 online resource (VIII, 180 p.)

Edition:

1st ed. 2019.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2019.

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.

Contents:

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.