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Shadows or Forgeries? Explaining Legal Normativity.
- Source :
- Canadian Journal of Law & Jurisprudence; Feb2024, Vol. 37 Issue 1, p47-78, 32p
- Publication Year :
- 2024
-
Abstract
- Legal norms serve as practical standards for individuals and officials. While this 'normative aspect' of law is widely acknowledged, its significance for theories of law remains contested. In this paper, I examine three views on the matter. First, that we should explain legal norms as reason-giving. Second, that we should explain legal discourse as being about reasons for action. Third, that we should explain law as capable of being reason-giving. I survey some challenges associated with each of these views. What they have in common is an implicit assumption about the form that normative explanation must take: that it must be a linear, non-reductive explanation. There is an alternative model for normative explanation available, however. That model explains normative notions in terms of the practices and attitudes involved in recognizing, offering, and demanding them. I highlight the potentials, and limitations, of this practice-centered alternative. [ABSTRACT FROM AUTHOR]
- Subjects :
- NORMATIVITY (Ethics)
SOCIAL practice (Art)
JURISPRUDENCE
LAW
Subjects
Details
- Language :
- English
- ISSN :
- 08418209
- Volume :
- 37
- Issue :
- 1
- Database :
- Complementary Index
- Journal :
- Canadian Journal of Law & Jurisprudence
- Publication Type :
- Academic Journal
- Accession number :
- 176651337
- Full Text :
- https://doi.org/10.1017/cjlj.2024.1