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Fusion of Descriptive and Normative Propositions. The Concepts of 'Descriptive Proposition' and 'Normative Proposition' as Concepts of Degree

Ratio Juris 13 (3):236-260 (2000)

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Slippery Slope Arguments in Legal Contexts: Towards Argumentative Patterns.Bin Wang & Frank Zenker - 2021 - Argumentation 35 (4):581-601.details Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSA-instances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that (...) Download Export citation Bookmark
Fused Modality. An Integral Part of Lawyers’ Form of Life.Svein Eng - 2005 - Ratio Juris 18 (4):429-433.details . In this reply to Dahlman, the focus is on aspects that I take to be of general interest. The point to be emphasised is the absence of a critically reflexive mode of questioning on the part of Dahlman and, in general, on the part of the position he represents, namely, an empiricist and logical paradigm of atemporal cognition and control. It is argued that lawyers’ thinking de lege lata—with its distinctive connection to normativity and morals, through the unity of (...) Download Export citation Bookmark
Lost in the System or Lost in Translation? The Exchanges between Hart and Ross.Svein Eng - 2011 - Ratio Juris 24 (2):194-246.details According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken.The Concept of Lawdoes not go beyondOn Law and Justicein so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived (...) Download Export citation Bookmark 6 citations
Lost in the System or Lost in Translation? The Exchanges between Hart and Ross.E. N. G. Svein - 2011 - Ratio Juris 24 (2):194-246.details According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...) Download Export citation Bookmark 2 citations
Fused Modality or Confused Modality?Christian Dahlman - 2004 - Ratio Juris 17 (1):80-86.details According to Svein Eng there are propositions concerning the law which are descriptive as well as normative, but cannot be separated into one descriptive and one normative proposition. Eng calls these propositions “fused” (“sammensmeltede”). In Eng's theory a proposition with “fused modality” is partly descriptive and partly normative, but cannot be classified as a separable combination of a claim about what the law “is” and a claim about what the law “ought to be.” In a “fused” proposition modality is a (...) Download Export citation Bookmark 3 citations
Fused Modality. An Integral Part of Lawyers’ Form of Life.E. N. G. Svein - 2005 - Ratio Juris 18 (4):429-433.details Download Export citation Bookmark

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