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The Normative Force of the Factual

Author: Nicoletta Bersier Ladavac

Publisher: Springer

Published: 2019-06-26

Total Pages: 180

ISBN-13: 3030189295

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

Author: Jürgen Habermas

Publisher: John Wiley & Sons

Published: 2015-10-08

Total Pages: 636

ISBN-13: 0745694268

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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

Author: Terence Cuneo

Publisher: Clarendon Press

Published: 2010-03-04

Total Pages: 272

ISBN-13: 0191614815

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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.

Facts, Values, and Norms

Author: Peter Railton

Publisher: Cambridge University Press

Published: 2003-03-17

Total Pages: 412

ISBN-13: 9780521426930

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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.

Facts and Values

Author: Giancarlo Marchetti

Publisher: Routledge

Published: 2016-11-03

Total Pages: 440

ISBN-13: 1317354672

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This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. Facts and Values will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law.

The Nature of International Law

Author: Miodrag A. Jovanović

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 287

ISBN-13: 1108473334

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

Unbelievable Errors

Author: Bart Streumer

Publisher: Oxford University Press

Published: 2017-08-11

Total Pages: 256

ISBN-13: 0191088951

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Unbelievable Errors defends an error theory about all normative judgements: not just moral judgements, but also judgements about reasons for action, judgements about reasons for belief, and instrumental normative judgements. This theory states that normative judgements are beliefs that ascribe normative properties, but that normative properties do not exist. It therefore entails that all normative judgements are false. Bart Streumer also argues, however, that we cannot believe this error theory. This may seem to be a problem for the theory. But he argues that it makes this error theory more likely to be true, since it undermines objections to the theory and it makes it harder to reject the arguments for the theory. He then sketches how certain other philosophical theories can be defended in a similar way. He concludes that to make philosophical progress, we need to make a sharp distinction between a theory's truth and our ability to believe it.

The Normative Claim of Law

Author: Stefano Bertea

Publisher: Bloomsbury Publishing

Published: 2009-10-06

Total Pages: 316

ISBN-13: 1847315437

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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.

Poznań School of Legal Theory

Author: Paweł Kwiatkowski

Publisher: BRILL

Published: 2021-02-08

Total Pages: 436

ISBN-13: 9004448446

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This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.

Choosing Normative Concepts

Author: Matti Eklund

Publisher: Oxford University Press

Published: 2017

Total Pages: 232

ISBN-13: 0198717822

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Theorists working on metaethics and the nature of normativity typically study goodness, rightness, what ought to be done, and so on. In their investigations they employ and consider our actual normative concepts. But the actual concepts of goodness, rightness, and what ought to be done are only some of the possible normative concepts there are. There are other possible concepts, ascribing different properties. Matti Eklund explores the consequences of this thought, for example for the debate over normative realism, and for the debate over what it is for concepts and properties to be normative. Conceptual engineering - the project of considering how our concepts can be replaced by better ones - has become a central topic in philosophy. Eklund applies this methodology to central normative concepts and discusses the special complications that arise in this case. For example, since talk of improvement is itself normative, how should we, in the context, understand talk of a concept being better?