Law has variously been described as part of empirical social reality or as a set of normative prescriptions defining desirable conduct. The author takes the view that a legal system normally represents an amalgam of “is” and “ought” elements. It is operative in part as a living law of actual human conduct, in another part as an instrumentality for transforming unfulfilled social ideals or goals into reality. A different blending of “is” and “ought” factors often occurs in the judicial process, (...) when an application of given legal norms is combined with some injection of law deemed desirable by the judges. (shrink)

The aim of this paper is to discuss the relation between our experience in everyday life and ontological reflection. While many accounts in contemporary ontology still defend the idea that the world consists only of material objects, some new views on everyday metaphysics or social ontology which try to articulate the specific properties of the objects used and found in ordinary life have been established during the last years. In the critical ontology of Nicolai Hartmann, the social and cultural dimension (...) of our life is situated in the sphere of spiritual being [Geistiges Sein]. By investigating the methodical relation of phenomenology and critical ontology as well as specific entities (objective spirit, cultural objects), it is established that Hartmann offers a wide and methodologically reflected view which could be able to satisfy the practical significance of these entities. (shrink)