The Normative Force of the Factual: Legal Philosophy Between Is and Ought

Author:   Nicoletta Bersier Ladavac ,  Christoph Bezemek ,  Frederick Schauer
Publisher:   Springer Nature Switzerland AG
Edition:   1st ed. 2019
Volume:   130
ISBN:  

9783030189280


Pages:   180
Publication Date:   05 July 2019
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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The Normative Force of the Factual: Legal Philosophy Between Is and Ought


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Overview

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.

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Author:   Nicoletta Bersier Ladavac ,  Christoph Bezemek ,  Frederick Schauer
Publisher:   Springer Nature Switzerland AG
Imprint:   Springer Nature Switzerland AG
Edition:   1st ed. 2019
Volume:   130
Weight:   0.453kg
ISBN:  

9783030189280


ISBN 10:   3030189287
Pages:   180
Publication Date:   05 July 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

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Nicoletta Bersier Ladavac, Themis, Centre d'Etudes de Philosophie du droit, de Sociologie du droit et de Theorie du droit, Geneva. Christoph Bezemek is Professor of Law at University of Graz, Institute of Public Law and Political Science. His research focuses on comparative constitutional law, political and legal theory. Frederick Schauer is the David and Mary Harrison Distinguished Professor of Law at the University of Virginia and Frank Stanton Professor (Emeritus) of the First Amendment at the Kennedy School of Government, Harvard University. He is the author of numerous publications on constitutional law, in particular on free speech, and on legal theory. He is a Co-Editor of Springer's Law and Philosophy Library

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