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Normativity and Norms: Critical Perspectives on Kelsenian Themes

Stanley L. Paulson (ed.)

New York: Oxford University Press (1998)

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Deontic artifacts. Investigating the normativity of objects.Giuseppe Lorini, Stefano Moroni & Olimpia Giuliana Loddo - 2021 - Philosophical Explorations 24 (2):185-203.details Since the middle of the last century, normative language has been much studied. In particular, the normative function performed by certain sentences and by certain speech acts has been investigated in depth. Still, the normative function performed by certain physical artifacts designed and built to regulate human behaviors has not yet been thoroughly investigated. We propose to call this specific type of artifacts with normative intent ‘deontic artifacts’. This article aims to investigate this normative phenomenon that is so widespread in (...) Download Export citation Bookmark 5 citations
TULSI: an NLP system for extracting legal modificatory provisions. [REVIEW]Leonardo Lesmo, Alessandro Mazzei, Monica Palmirani & Daniele P. Radicioni - 2013 - Artificial Intelligence and Law 21 (2):139-172.details In this work we present the TULSI system (so named after Turin University Legal Semantic Interpreter), a system to produce automatic annotations of normative documents through the extraction of modificatory provisions. TULSI relies on a deep syntactic analysis and a shallow semantic interpreter that are illustrated in detail. We report the results of an experimental evaluation of the system and discuss them, also suggesting future directions for further improvement. Download Export citation Bookmark 2 citations
The Paradox of Constituent Power. The Ambiguous Self-Constitution of the European Union.Hans Lindahl - 2007 - Ratio Juris 20 (4):485-505.details The French and Dutch referenda on the adoption of a European Constitutional Treaty highlight a remarkable ambiguity in the self‐constitution of a polity, which can be viewed as both constitution by and of a collective self. This ambiguity is a fundamental feature of polities in general, and the European Union in particular. Rather than suppressing this ambiguity, democracy—and a fortiori a European democracy worth its name—institutionalises it as the guiding principle of political action. As will transpire, the conceptual and normative (...) Download Export citation Bookmark 6 citations
Reconciling positivism and realism: Kelsen and Habermas on democracy and human rights.David Ingram - 2014 - Philosophy and Social Criticism 40 (3):237-267.details It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...) Download Export citation Bookmark 1 citation

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