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

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 th...

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Bibliographic Details
Corporate Author:	SpringerLink (Online service)
Other Authors:	Bersier Ladavac, Nicoletta (Editor), Bezemek, Christoph (Editor), Schauer, Frederick (Editor)
Format:	eBook
Language:	English
Published:	Cham : Springer International Publishing : Imprint: Springer, 2019.
Edition:	1st ed. 2019.
Series:	Law and Philosophy Library, 130
Subjects:	Law-Philosophy. Law. Private international law. Conflict of laws. Political science. Theories of Law, Philosophy of Law, Legal History. Private International Law, International & Foreign Law, Comparative Law . Philosophy of Law. Electronic books.
Online Access:	Connect to the full text of this electronic book

Table of Contents:

On Jellinek's "Two Sides" of the State
On Jellinek's Concept of a Normative Force of the Factual
A Positivist View on the Normative Force of the Factual
The Normative Force of the Factual: A Doctrinal Perspective
The Normative Force of the Factual: A View from International Law
The Normative Force of the Factual in Analytical Perspective
The Fact of Norms
The Factual Force of the Normative
"Is" and "Ought" and the Problem of Normativity in Hans Kelsen
Facts and Law
Reflections on Law and Practical Reasons
On Normativity
Deflating Normativity
Law and Force
ShillongTacit Knowledge and the Shibboleth of law: A Deconstructive Intersection between Fact and Norm.