Results for 'legal normativity'

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  1. The Social Construction of Legal Norms.Kirk Ludwig - 2020 - In Miguel Garcia-Godinez, Rachael Mellin & Raimo Tuomela (eds.), Social Ontology, Normativity and Law. De Gruyter. pp. 179-208.
    Legal norms are an invention. This paper advances a proposal about what kind of invention they are. The proposal is that legal norms derive from rules which specify role functions in a legal system. Legal rules attach to agents in virtue of their status within the system in which the rules operate. The point of legal rules or a legal system is to solve to large scale coordination problems, specifically the problem of organizing social (...)
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  2.  67
    Legal Norms as Linguistic conventions.Boyan Bahanov - 2020 - In Annual of Sofia University St. Kliment Ohridski, Faculty of Philosophy, Postgraduate Students Book, Volume 4. Sofia University Press. pp. 15-30.
    Law is the main regulator of public relations, and the question of the proper use and understanding of legal language is essential for law enforcement. This topic is of interest to both lawyers and philosophers, who often join efforts to study it. This article attempts precisely to take such an interdisciplinary approach when examining legal rules as specific linguistic conventions. First of all, for the sake of a better and more thorough understanding of legal language, legal (...)
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  3. Kelsen, Hart, and Legal Normativity.Brian Bix - 2018 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 34:25-42.
    This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of (...) officials in a normative way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)
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  4. Truth in Legal Norms.Boyan Bahanov - 2020 - Philosophy 29 (4):394-402.
    The text examines the status of the truth in the legal norms, trying to answer the questions of whether they can be subject to a truth assessment and, if such an assessment is possible, how a truth value can be attributed to legal norms. To achieve this goal, first of all, the text discusses some basic linguistic conceptions concerning the nature and truth of legal norms and subsequently, a a complex approach is being proposed for attributing truth-value (...)
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  5.  82
    On the Nature of Legal Normativity, 37 Revus 83-91 (2019).Brian Bix - 2019 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 37:83-91.
    In this response to eight commentaries on my article “Kelsen, Hart, and legal normativity” I clarify some points in my original analysis and agree with some comments regarding work that still needs to be done. In particular, I attempt to distinguish my position from both Berkeleyan idealism and mere subjective perception. I agree with the commentators who urge that more must be done to analyze the nature of normativity in general, and legal normativity in particular.
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  6.  19
    Speaker Meaning and Conventional Meaning in Legal Norms.Boyan Bahanov - 2022 - Philosophical Alternatives 31 (1):120-138.
    Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of the meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will (...)
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  7. Moral and Legal Norms.Maria Ossowska - 1960 - Journal of Philosophy 57 (7):251-258.
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  8. Genetic Privacy: A Challenge to Medico-Legal Norms: G Laurie. Cambridge University Press, 2002, 50.00 (Hbk), Pp 335. ISBN 0521660270. [REVIEW]D. Dickenson - 2003 - Journal of Medical Ethics 29 (6):373-374.
    Review of Graeme Laurie, Genetic Privacy.
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  9. Legal Oughts, Normative Transmission, and the Nazi Use of Analogy.Carolyn Benson & Julian Fink - 2012 - Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
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  10. Neuroscience and Normativity: How Knowledge of the Brain Offers a Deeper Understanding of Moral and Legal Responsibility.William Hirstein - 2022 - Criminal Law and Philosophy 16 (2):327-351.
    Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...)
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  11.  3
    The Crime/Tort Distinction: Legal Doctrine and Normative Perspectives.Kenneth Simons - 2008 - Widener Law Journal 17:719-732.
    This essay provides an overview of the crime/tort distinction. It first investigates some of the fundamental differences between criminal law and tort law in doctrine and legal structure. It then explores some important similarities and differences in normative perspectives between the two doctrinal fields. This typology should prove analytically useful for examining some of the specific issues at the borderline of crime and torts—such as the proper scope of punitive damage liability and the question whether criminal law as well (...)
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  12. Legal Directives and Practical Reasons.Noam Gur - 2018 - Oxford University Press.
    This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...)
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  13. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  14. Norm and Truth.Marek Piechowiak (ed.) - 2008 - School of Humanities and Journalism.
    Truth seems to be an indispensable element of authority which presents itself as being based on more than just power and efficiency. In the domain of law,there is not only and primarily the problem of establishing the truth about the facts which are to be judged; there is also the problem of norms—does their authority rest solely on the act of establishing them, or is there “something behind”, a truth which contributes to the strength of law, and which provides legitimacy (...)
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  15. Social Norms and Farm Animal Protection.Nicolas Delon - 2018 - Palgrave Communications 4:1-6.
    Social change is slow and difficult. Social change for animals is formidably slow and difficult. Advocates and scholars alike have long tried to change attitudes and convince the public that eating animals is wrong. The topic of norms and social change for animals has been neglected, which explains in part the relative failure of the animal protection movement to secure robust support reflected in social and legal norms. Moreover, animal ethics has suffered from a disproportionate focus on individual attitudes (...)
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  16. Mere Formalities: Normative Fictions and Normative Authority.Daniel Wodak - forthcoming - Canadian Journal of Philosophy:1-23.
    It is commonly said that some standards, such as morality, are ‘normatively authoritative’ in a way that other standards, such as etiquette, are not; standards like etiquette are said to be ‘not really normative’. Skeptics deny the very possibility of normative authority, and take claims like ‘etiquette is not really normative’ to be either empty or confused. I offer a different route to defeat skeptics about authority: instead of focusing on what makes standards like morality special, we should focus on (...)
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  17. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...)
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  18. Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac (eds.), The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.
    This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a (...) requirement has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)
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  19. What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, (...)
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  20. Legal Validity and the Infinite Regress.Oliver Black - 1996 - Law and Philosophy 15 (4):339 - 368.
    The following four theses all have some intuitive appeal: (I) There are valid norms. (II) A norm is valid only if justified by a valid norm. (III) Justification, on the class of norms, has an irreflexive proper ancestral. (IV) There is no infinite sequence of valid norms each of which is justified by its successor. However, at least one must be false, for (I)--(III) together entail the denial of (IV). There is thus a conflict between intuition and logical possibility. This (...)
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  21. Logical Semantics and Norms: A Kantian Perspective.Sérgio Mascarenhas - 2017 - Phenomenology and Mind (13):150-157.
    It’s widely accepted that normativity is not subject to truth values. The underlying reasoning is that truth values can only be predicated of descriptive statements; normative statements are prescriptive, not descriptive; thus truth value predicates cannot be assigned to normative statements. Hence, deonticity lacks logical semantics. This semantic monism has been challenged over the last decades from a series of perspectives that open the way for legal logics with imperative semantics. In the present paper I will go back (...)
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  22. The Normative Structure of Responsibility.Federico L. G. Faroldi - 2014 - College Publications.
    The Normative Structure of Responsibility deals with responsibility in legal, moral, and linguistic contexts. The book builds on conceptual analysis and data from everyday language, ethics, and the law in order to defend the thesis that responsibility is fundamentally normative, that is, it cannot be reduced to purely descriptive factors. The book is divided in three parts: the first part draws a conceptual map of various responsibility concepts, conceptions and conditions and their interaction with different kinds of rules; the (...)
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  23. Expressivism and Varieties of Normativity.Daniel Wodak - 2017 - Oxford Studies in Metaethics 12:265-293.
    The expressivist advances a view about how we explain the meaning of a fragment of language, such as claims about what we morally ought to do. Critics evaluate expressivism on those terms. This is a serious mistake. We don’t just use that fragment of language in isolation. We make claims about what we morally, legally, rationally, and prudentially ought to do. To account for this linguistic phenomenon, the expressivist owes us an account not just of each fragment of language, but (...)
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  24.  16
    The Normativity of Group Agents [Preprint].Jimmy Lewis-Martin - manuscript
    Group agents like businesses, political parties, universities, and charity organisations dominate our social and political landscapes. Their activities dictate our legal structures, the availability of education and healthcare, and our collective leap into climate crisis. Hence, it is crucial that we understand both the norms of these group agents and how these norms arise. will argue for applying the organisational account of normativity to group agents as the best means to achieve this understanding. Roughly, the organisational account says (...)
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  25. Why Legal Theory is Political Philosophy.William A. Edmundson - 2013 - Legal Theory 19 (4):331-346.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  26. Norm Performatives and Deontic Logic.Rosja Mastop - 2011 - European Journal of Analytic Philosophy 7 (2):83-105.
    Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and a (...)
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  27. Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”.Rebecca Ruth Gould - 2018 - Law, Culture and the Humanities 1 (online first).
    The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following (...)
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  28.  71
    Norms of Inquiry, Student-Led Learning, and Epistemic Paternalism.Robert Mark Simpson - 2022 - In Jonathan Matheson & Kirk Lougheed (eds.), Epistemic Autonomy. New York, NY, USA: pp. 95-112.
    Should we implement epistemically paternalistic measures outside of the narrow range of cases, like legal trials, in which their benefits and justifiability seem clear-cut? In this chapter I draw on theories of student-led pedagogy, and Jane Friedman’s work on norms of inquiry, to argue against this prospect. The key contention in the chapter is that facts about an inquirer’s interests and temperament have a bearing on whether it is better for her to, at any given moment, pursue epistemic goods (...)
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  29. Attitude and the Normativity of Law.Jeffrey Kaplan - 2017 - Law and Philosophy 36 (5):469-493.
    Though legal positivism remains popular, HLA Hart’s version has fallen somewhat by the wayside. This is because, according to many, the central task of a theory of law is to explain the so-called ‘normativity of law’. Hart’s theory, it is thought, is not up to the task. Some have suggested modifying the theory accordingly. This paper argues that both Hart’s theory and the normativity of law have been misunderstood. First, a popular modification of Hart’s theory is considered (...)
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  30.  61
    Normative Framework of Informed Consent in Clinical Research in Germany, Poland, and Russia.Marcin Orzechowski, Katarzyna Woniak, Cristian Timmermann & Florian Steger - 2021 - BMC Medical Ethics 22 (1):1-10.
    Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in Germany, (...)
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  31. The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the (...)
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  32. Scientific Rationality as Normative System.Vihren Bouzov - 2010 - LogosandEpisteme. An International Journal of Epistemology.
    ABSTRACT: Decision-theoretic approach and a nonlinguistic theory of norms are applied in the paper in an attempt to explain the nature of scientific rationality. It is considered as a normative system accepted by scientific community. When we say that a certain action is rational, we express a speaker’s acceptance of some norms concerning a definite action. Scientists can choose according to epistemic utility or other rules and values, which themselves have a variable nature. Rationality can be identified with a decision (...)
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  33. Laws as Conventional Norms.Nicholas Southwood - 2019 - In D. Plunkett, S. Shapiro & K. Toh (eds.), Legal Norms, Ethical Norms: New Essays on Meta-Ethics and Jurisprudence. Oxford University Press.
    A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there are ways of (...)
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  34. Comparative Legal Cultures: On Traditions Classified, Their Rapprochement & Transfer, and the Anarchy of Hyper-Rationalism with Appendix on Legal Ethnography.Csaba Varga - 2012 - Szent István Társulat.
    Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...)
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  35. Contemporary Legal Philosophising: Schmitt, Kelsen, Lukács, Hart, & Law and Literature, with Marxism's Dark Legacy in Central Europe (on Teaching Legal Philosophy in Appendix).Csaba Varga - 2013 - Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...)
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  36. Unlocking Legal Validity: Some Remarks on the Artificial Ontology of Law.Paolo Sandro - 2018 - In Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.), Legal Validity and Soft Law. Springer Verlag.
    Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function (...)
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  37.  73
    Causation and the Silly Norm Effect.Levin Güver & Markus Kneer - forthcoming - In Stefan Magen & Karolina Prochownik (eds.), Advances of Experimental Philosophy of Law. Bloomsbury Press.
    In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great (...)
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  38.  40
    Normative Conceptions of European Identity-A Synthetic Approach.Pablo Jiménez Lobeira - 2010 - Australian Journal of Professional and Applied Ethics 12 (1).
    The European project was aimed from the outset, alongside reconciliation (peace) and economic reconstruction (prosperity), at a degree of political integration too. Political integration has progressed modestly. Not everybody is convinced of its benefits. Besides, the notion of a European polity opens the question about its sources of cohesion. Those sources are more or less evident in the member states – language, history, legal, political and religious traditions, for instance. They give, say, Latvia, Italy or Hungary a certain degree (...)
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  39.  93
    Arguments and Stories in Legal Reasoning: The Case of Evidence Law.Gianluca Andresani - 2020 - Archiv Fuer Rechts Und Sozialphilosphie 106 (1):75-90.
    We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through (...)
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  40.  85
    The Twilight of Legality.John Gardner - 2019 - Australasian Journal of Legal Philosophy 43 (1):1-16.
    This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty (...)
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  41. Legal Metanormativity: Lessons for and From Constitutivist Accounts in the Philosophy of Law.Kathryn Lindeman - 2019 - In David Plunkett, Kevin Toh & Scott Shapiro (eds.), Dimensions of Normativity New Essays on Metaethics and Jurisprudence. Oxford University Press. pp. 87-104.
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  42. How Cooperation Became the Norm. [REVIEW]Jonathan Birch - 2014 - Biology and Philosophy 29 (3):433-444.
    Most of the contributions to Cooperation and Its Evolution grapple with the distinctive challenges presented by the project of explaining human sociality. Many of these puzzles have a ‘chicken and egg’ character: our virtually unparalleled capacity for large-scale cooperation is the product of psychological, behavioural, and demographic changes in our recent evolutionary history, and these changes are linked by complex patterns of reciprocal dependence. There is much we do not yet understand about the timing of these changes, and about the (...)
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  43.  15
    Legal Consultation as Language Translation.Боян Баханов - 2021 - In Proceedings of a conference for doctoral students at Sofia University, Faculty of Philosophy. pp. 33-46.
    This research examines the issue of linguistic interpretation of normative texts as a special type of language translation. For this purpose, in the first place, we will support the view that the legal language, and in particular the language in which regulations are expressed has an independent nature. It will be presented as different from the daily language of society, and lawyers as a kind of mediator between both of these diverse, albeit close, languages. After this, legal consultation (...)
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  44. L’indignation, le mépris et le pardon dans l’émergence du cadre légal d’Occupy Geneva.Frédéric Minner - 2018 - Revue Européenne des Sciences Sociales 56 (2):133-159.
    Cet article s’intéresse au problème de la maintenance, c’est-à-dire au moment où les membres d’un collectif social tentent d’assurer dans le temps l’existence de leur collectif en instituant des règles pour réguler leurs comportements. Ce problème se pose avec acuité lorsque certains membres ne respectent pas ces règles communes. Pour maintenir la coopération sociale, les membres peuvent décider d’instituer des règles secondaires visant à sanctionner les transgressions des règles primaires déjà établies. La maintenance d’un collectif peut ainsi reposer sur l’émergence (...)
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  45. La Hiérarchie des Normes Dans l'Ordre Juridique, Social Et Institutionnel de l'Ancien Régime.Francesco Di Donato - 2013 - Revus 21:237-292.
    Le contrôle de constitutionnalité, dont la magistrature parlementaire de l’Ancien Régime revendiquait le plein droit, n’était pas fondé uniquement sur les lois fondamentales du royaume, mais sur l’ensemble des principes (« les maximes ») tirés de la « Tradition ». Cette dernière était composée en premier lieu par le droit divin et le droit naturel, c’est-à-dire par des systèmes juridiques qui nécessitaient, tous les deux, une interprétation juridictionnelle ‘sapientiale’. Cette activité interprétative était ‘révélatrice’ d’un corpus de valeurs métaphysiques à laquelle (...)
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  46. Introduction To: Norms, Logics and Information Systems: New Studies on Deontic Logic and Computer Science.Paul McNamara & Henry Prakken - 1999 - In Paul McNamara & Prakken Henry (eds.), Norms, Logics and Information Systems: New Studies on Deontic Logic and Computer Science. Amsterdam: pp. 1-14.
    (See also the separate entry for the volume itself.) This introduction has three parts. The first providing an overview of some main lines of research in deontic logic: the emergence of SDL, Chisholm's paradox and the development of dyadic deontic logics, various other puzzles/challenges and areas of development, along with philosophical applications. The second part focus on some actual and potential fruitful interactions between deontic logic, computer science and artificial intelligence. These include applications of deontic logic to AI knowledge representation (...)
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  47. La Hiérarchie des Normes. Une Critique Sur Un Fondement Empiriste.Eric Millard - 2013 - Revus 21:163-199.
    Ce texte vise à proposer quelques arguments pour une critique empiriste de la hiérarchie des normes, c'est-à-dire pour les besoins d'une science du droit descriptive et explicative. La hiérarchie des normes est à la fois objet d’étude scientifique, et théorie construisant cet objet. Une approche empiriste nécessite la formalisation de quelques concepts et une justification minimale de la possibilité d'une science juridique empiriste : ce seront les objets des premiers points de ce texte. Il s'agira ensuite de proposer une formulation (...)
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  48. Natural Hazards Under Climate Change Conditions: A Case Study of Expectations and Their Normative Significance in Protecting Alpine Communities.Thomas Pölzler, Florian Ortner, Lukas Meyer, Oliver Sass & Miriam Hofer - 2022 - Natural Hazards Review 2 (23):1-15.
    Climate change increases the frequency and intensity of certain kinds of natural hazard events in alpine areas. This interdisciplinary study addresses the hypothetical possibility of relocating the residents of three alpine areas in Austria: the Sölk valleys, the Johnsbach valley, and the St. Lorenzen/Schwarzenbach valleys. Our particular focus is on these residents’ expectations about such relocations. We find that (1) many residents expect that in the next decades the state will provide them with a level of natural hazards protection, aid, (...)
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  49. Concept, Principle, and Norm—Equality Before the Law Reconsidered.Frej Klem Thomsen - 2018 - Legal Theory 24 (2):103-134.
    Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...)
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  50. Bringing Discursive Ideals to Legal Facts: On Baxter on Habermas. [REVIEW]Christopher F. Zurn - 2014 - Philosophy and Social Criticism 40 (2):195-203.
    In Between Facts and Norms (1992) Habermas set out a theory of law and politics that is linked both to our high normative expectations and to the realities consequent upon the practices and institutions meant to put them into effect. The article discusses Hugh Baxter’s Habermas: The Discourse Theory of Law and Democracy and the drawbacks he finds in Habermas’ theory. It focuses on raising questions about and objections to some of the author’s leading claims.
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