| 书目名称 | The Normative Force of the Factual |
| 副标题 | Legal Philosophy Bet |
| 编辑 | Nicoletta Bersier Ladavac,Christoph Bezemek,Freder |
| 视频video | http://file.papertrans.cn/916/915102/915102.mp4 |
| 概述 | Represents the first comprehensive discussion of Jellinek’s famed theory of the “normative force of the factual” in English.Offers a fundamental review of the interrelation of facts and norms from var |
| 丛书名称 | Law and Philosophy Library |
| 图书封面 |  |
| 描述 | 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.. |
| 出版日期 | Book 2019 |
| 关键词 | Normativity; Dichotomy; Legal positivism; Georg Jellinek; Hans Kelsen; Facts and norms; Positivist view; An |
| 版次 | 1 |
| doi | https://doi.org/10.1007/978-3-030-18929-7 |
| isbn_softcover | 978-3-030-18931-0 |
| isbn_ebook | 978-3-030-18929-7Series ISSN 1572-4395 Series E-ISSN 2215-0315 |
| issn_series | 1572-4395 |
| copyright | Springer Nature Switzerland AG 2019 |
|Archiver|手机版|小黑屋|
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