The Normative Force of the Factual

The Normative Force of the Factual
Author :
Publisher : Springer
Total Pages : 183
Release :
ISBN-10 : 9783030189297
ISBN-13 : 3030189295
Rating : 4/5 (97 Downloads)

Synopsis The Normative Force of the Factual by : Nicoletta Bersier Ladavac

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.

Between Facts and Norms

Between Facts and Norms
Author :
Publisher : John Wiley & Sons
Total Pages : 637
Release :
ISBN-10 : 9780745694269
ISBN-13 : 0745694268
Rating : 4/5 (69 Downloads)

Synopsis Between Facts and Norms by : Jürgen Habermas

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 Web

The Normative Web
Author :
Publisher : Clarendon Press
Total Pages : 272
Release :
ISBN-10 : 9780191614811
ISBN-13 : 0191614815
Rating : 4/5 (11 Downloads)

Synopsis The Normative Web by : Terence Cuneo

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.

The Nature of International Law

The Nature of International Law
Author :
Publisher : Cambridge University Press
Total Pages : 287
Release :
ISBN-10 : 9781108473330
ISBN-13 : 1108473334
Rating : 4/5 (30 Downloads)

Synopsis The Nature of International Law by : Miodrag A. Jovanović

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

The Force of Law

The Force of Law
Author :
Publisher : Harvard University Press
Total Pages : 256
Release :
ISBN-10 : 9780674368217
ISBN-13 : 0674368215
Rating : 4/5 (17 Downloads)

Synopsis The Force of Law by : Frederick Schauer

Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Facts, Values, and Norms

Facts, Values, and Norms
Author :
Publisher : Cambridge University Press
Total Pages : 412
Release :
ISBN-10 : 0521426936
ISBN-13 : 9780521426930
Rating : 4/5 (36 Downloads)

Synopsis Facts, Values, and Norms by : Peter Railton

In our everyday lives we struggle with the notions of why we do what we do and the need to assign values to our actions. Somehow, it seems possible through experience and life to gain knowledge and understanding of such matters. Yet once we start delving deeper into the concepts that underwrite these domains of thought and actions, we face a philosophical disappointment. In contrast to the world of facts, values and morality seem insecure, uncomfortably situated, easily influenced by illusion or ideology. How can we apply this same objectivity and accuracy to the spheres of value and morality? In the essays included in this collection, Peter Railton shows how a fairly sober, naturalistically informed view of the world might nonetheless incorporate objective values and moral knowledge. This book will be of interest to professionals and students working in philosophy and ethics.

Choosing Normative Concepts

Choosing Normative Concepts
Author :
Publisher : Oxford University Press
Total Pages : 232
Release :
ISBN-10 : 9780198717829
ISBN-13 : 0198717822
Rating : 4/5 (29 Downloads)

Synopsis Choosing Normative Concepts by : Matti Eklund

The concepts we use to value and prescribe (concepts like good, right, ought) are historically contingent, and we could have found ourselves with others. But what does it mean to say that some concepts are better than others for purposes of action-guiding and deliberation? What is it to choose between different normative conceptual frameworks?

Explaining Norms

Explaining Norms
Author :
Publisher : Oxford University Press, USA
Total Pages : 301
Release :
ISBN-10 : 9780199654680
ISBN-13 : 0199654689
Rating : 4/5 (80 Downloads)

Synopsis Explaining Norms by : Geoffrey Brennan

This book presents the concept of norms by four different philosophers. They discuss how norms emerge, persist, change, and how they serve to explain what we do.

Normativity and Phenomenology in Husserl and Heidegger

Normativity and Phenomenology in Husserl and Heidegger
Author :
Publisher : Cambridge University Press
Total Pages : 339
Release :
ISBN-10 : 9781107035447
ISBN-13 : 1107035449
Rating : 4/5 (47 Downloads)

Synopsis Normativity and Phenomenology in Husserl and Heidegger by : Steven Crowell

Demonstrates how phenomenology constructively addresses problems in philosophy of mind, moral psychology and philosophy of action.

Normative Externalism

Normative Externalism
Author :
Publisher : Oxford University Press
Total Pages : 260
Release :
ISBN-10 : 9780192576880
ISBN-13 : 0192576887
Rating : 4/5 (80 Downloads)

Synopsis Normative Externalism by : Brian Weatherson

Normative Externalism argues that it is not important that people live up to their own principles. What matters, in both ethics and epistemology, is that they live up to the correct principles: that they do the right thing, and that they believe rationally. This stance, that what matters are the correct principles, not one's own principles, has implications across ethics and epistemology. In ethics, it undermines the ideas that moral uncertainty should be treated just like factual uncertainty, that moral ignorance frequently excuses moral wrongdoing, and that hypocrisy is a vice. In epistemology, it suggests we need new treatments of higher-order evidence, and of peer disagreement, and of circular reasoning, and the book suggests new approaches to each of these problems. Although the debates in ethics and in epistemology are often conducted separately, putting them in one place helps bring out their common themes. One common theme is that the view that one should live up to one's own principles looks less attractive when people have terrible principles, or when following their own principles would lead to riskier or more aggressive action than the correct principles. Another common theme is that asking people to live up to their principles leads to regresses. It can be hard to know what action or belief complies with one's principles. And now we can ask, in such a case should a person do what they think their principles require, or what their principles actually require? Both answers lead to problems, and the best way to avoid these problems is to simply say people should follow the correct principles.