The 'Normative Force of the Factual': A Positivist's Panegyric
Bersier/Bezemek/Schauer (eds), The Normative Force of the Factual, Springer Law and Philosophy Library, 2018
20 Pages Posted: 10 Oct 2018
Date Written: June 12, 2018
Georg Jellinek’s concept of a ‘Normative Force of the Factual’ offers a powerful explanation as to how normality and normativity interrelate. This essay discusses the problems underlying the transition from fact to norm and shows how this phenomenon may be aligned with Kelsensenian positivist theory; notwithstanding the strict separation of “Is” and “Ought” essential to it.
Keywords: Normative Force of the Factual, Is-Ought-Fallacy, Normativity, Normality
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