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Norms and Facts

Authors: Sobek, T. (Tomáš);

Norms and Facts

Abstract

In this paper, I am going to deal with a logical relation between facts and norms. Humans both cognize some facts and take value attitudes to them. But what is a logical relation between these two activities of human thinking? I will focus on what it is for a fact to ground a norm. The normative beliefs that we ground on some facts ultimately always presuppose the acceptance of some normative principles that are no longer dependent on any facts. A full-blooded normativity is coming alive only from the position of participants in legal practice, and thus from within the practice. Ultimately, legal validity is not based on knowledge of a fact, whether normative or empirical. It is based on a practical stance of the acceptance of legal authority. Such an attitude is implicit in the day-to-day practice of human agents who use law without the need to thematise its normative grounds.

Country
Czech Republic
Related Organizations
Keywords

legal positivism, natural law, Hume’s thesis

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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