Download or read book Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
Download or read book Contemporary Phenomenologies of Normativity written by Sara Heinämaa and published by Routledge. This book was released on 2022-03-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates forms of normativity through the phenomenological methods of description, analysis, and interpretation. It takes a broad approach to norms, covering not only rules and commands but also goals, values, and passive drives and tendencies. Part I "Basic Perspectives" begins with an overview of the phenomena of normativity and then clarifies the constitution of norms by Husserlian and Heideggerian concepts. It offers phenomenological alternatives to the neo-Kantian and neo-Hegelian approaches that dominate contemporary debates on the "sources of normativity." Part II "From Perception to Imagination" turns to the normativity of three basic types of experiences. This part first sheds light on the normativity of perception and then illuminates the kind of normativity characteristic of imagination and drive intentionality. Part III "Social Dimensions" analyzes the norms that regulate the formation of practical communities. It takes a broad view of practical norms, discussing social and moral norms as well as the epistemic norms of scientific practices. By clarifying the divergences and interrelations between various types and levels of norms, the volume demonstrates that normativity is not one phenomenon but a complex set of various phenomena with multiple sources. Contemporary Phenomenologies of Normativity: Norms, Goals, and Values will be of interest to researchers and advanced students working on issues of normativity in phenomenology, epistemology, ethics, and social philosophy.
Download or read book Explaining Norms written by Geoffrey Brennan and published by Oxford University Press. This book was released on 2013-09-05 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the concept of norms by four different philosophers. They discuss how norms emerge, persist, change, and how they serve to explain what we do.
Download or read book Dimensions of Normativity written by David Plunkett and published by Oxford University Press. This book was released on 2019-01-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.
Download or read book The Normative Force of the Factual written by Nicoletta Bersier Ladavac and published by Springer. This book was released on 2019-06-26 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
Download or read book Norms in Human Development written by Leslie Smith and published by Cambridge University Press. This book was released on 2006-08-17 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinction between norms and facts is long-standing in providing a challenge for psychology. Norms exist as directives, commands, rules, customs and ideals, playing a constitutive role in human action and thought. Norms lay down 'what has to be' (the necessary, possible or impossible) and 'what has to be done' (the obligatory, the permitted or the forbidden) and so go beyond the 'is' of causality. During two millennia, norms made an essential contribution to accounts of the mind, yet the twentieth century witnessed an abrupt change in the science of psychology where norms were typically either excluded altogether or reduced to causes. The central argument in this book is twofold. Firstly, the approach in twentieth-century psychology is flawed. Secondly, norms operating interdependently with causes can be investigated empirically and theoretically in cognition, culture and morality. Human development is a norm-laden process.
Download or read book Normativity in Perception written by Maxime Doyon and published by Springer. This book was released on 2015-08-25 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ways in which human action and rationality are guided by norms are well documented in philosophy and neighboring disciplines. But how do norms shape the way we experience the world perceptually? The present volume explores this question and investigates the specific normativity inherent to perception.
Download or read book Kant s Theory of Normativity written by Konstantin Pollok and published by Cambridge University Press. This book was released on 2017-02-02 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: A milestone in Kant scholarship, this interpretation of his critical philosophy makes sense of his notorious 'synthetic judgments a priori'.
Download or read book Problems of Normativity Rules and Rule Following written by Michał Araszkiewicz and published by Springer. This book was released on 2014-11-07 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
Download or read book Legal Norms and Normativity written by Sylvie Delacroix and published by Bloomsbury Publishing. This book was released on 2006-10-05 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.
Download or read book Explaining the Normative written by Stephen P. Turner and published by John Wiley & Sons. This book was released on 2013-05-02 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normativity is what gives reasons their force, makes words meaningful, and makes rules and laws binding. It is present whenever we use such terms as ‘correct,' ‘ought,' ‘must,' and the language of obligation, responsibility, and logical compulsion. Yet normativists, the philosophers committed to this idea, admit that the idea of a non-causal normative realm and a body of normative objects is spooky. Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard normativist pattern of argument, and shows how this pattern depends on circularities, assumptions about the unique correctness of preferred descriptions, problematic transcendental arguments, and regress arguments that end in mysteries. The book considers in detail a paradigm case: legal normativity as constructed by Hans Kelsen. This case exemplifies the problems with normativist arguments. But it also shows how normativism was constructed as an alternative to ordinary social science explanation. The normativist argument is that social science explanations themselves are forced to rely on normative conceptsÑminimally, on normative rationality and on a normative view of ‘concepts' themselves. Empathic understanding of the reasoning and meanings of others, however, can solve the regress problems about meaning and rationality that are central to the appeal of normativism. This account has no need for a parallel normative world, and has a surprising and revealing lineage in the history of philosophy, as well as a basis in neuroscience.
Download or read book The Possibility of Norms written by Christoph Möllers and published by Oxford University Press, USA. This book was released on 2020-04-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: What defines the social practices we currently call norms? They make theft forbidden, eating with a fork advisable, and paintings beautiful. Norms are commonly thought of as moral justifications for doing one thing and not doing another. They are also described in terms of their outcomes or effects, serving as mere causal explanations. The Possibility of Norms proposes a broader view of how norms function, how they are articulated, and how they are realized. It may be asking too much if we expect norms to be effective or morally right. Many norms are simply ineffective and many are at most ineffectively justifiable. Drawing upon a rich array of texts - from law and jurisprudence to philosophy, aesthetics, and the social sciences - M�llers argues for conceiving of social norms as positively marked possibilities. Positively marking a possibility indicates that it should be realized. Normativity thus hinges on judging the world from a distance and acknowledging the possibility of divergent states of the world. Hence, it is no longer theoretically problematic that there are morally unjustified norms, nor that norms can be broken. On the contrary, allowing for breaches may be an important feature of normativity. M�llers's conceptual study sheds new light on a range of paradigms in the humanities, social sciences, and cultural studies, reframing several aspects of norm theory and questioning the theoretical assumptions underlying existing empirical work on normativity.
Download or read book Social and Legal Norms written by Matthias Baier and published by Routledge. This book was released on 2016-04-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.
Download or read book Practical Reason and Norms written by Joseph Raz and published by OUP Oxford. This book was released on 1999-09-09 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force.
Download or read book Normativity in Language and Linguistics written by Aleksi Mäkilähde and published by John Benjamins Publishing Company. This book was released on 2019-12-15 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume sets out to discuss the role of norms and normativity in both language and linguistics from a multiplicity of perspectives. These concepts are centrally important to the philosophy and methodology of linguistics, and their role and nature need to be investigated in detail. The chapters address a range of issues from general questions about ontology, epistemology and methodology to aspects of particular subfields (such as semantics and historical linguistics) or phenomena (such as construal and code-switching). The volume aims to further our understanding of language and linguistics as well as to encourage further discussion on the metatheory of linguistics. Due to the fundamental nature of the issues under discussion, this volume will be of interest to all linguists regardless of their background or fields of expertise and to philosophers concerned with language or other normative domains.
Download or read book Explaining the Normative written by Stephen P. Turner and published by John Wiley & Sons. This book was released on 2013-05-02 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normativity is what gives reasons their force, makes words meaningful, and makes rules and laws binding. It is present whenever we use such terms as ‘correct,' ‘ought,' ‘must,' and the language of obligation, responsibility, and logical compulsion. Yet normativists, the philosophers committed to this idea, admit that the idea of a non-causal normative realm and a body of normative objects is spooky. Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard normativist pattern of argument, and shows how this pattern depends on circularities, assumptions about the unique correctness of preferred descriptions, problematic transcendental arguments, and regress arguments that end in mysteries. The book considers in detail a paradigm case: legal normativity as constructed by Hans Kelsen. This case exemplifies the problems with normativist arguments. But it also shows how normativism was constructed as an alternative to ordinary social science explanation. The normativist argument is that social science explanations themselves are forced to rely on normative conceptsÑminimally, on normative rationality and on a normative view of ‘concepts' themselves. Empathic understanding of the reasoning and meanings of others, however, can solve the regress problems about meaning and rationality that are central to the appeal of normativism. This account has no need for a parallel normative world, and has a surprising and revealing lineage in the history of philosophy, as well as a basis in neuroscience.
Download or read book Nature and Normativity written by Mark Okrent and published by Routledge. This book was released on 2019-12-10 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nature and Normativity argues that the problem of the place of norms in nature has been essentially misunderstood when it has been articulated in terms of the relation of human language and thought, on the one hand, and the world described by physics on the other. Rather, if we concentrate on the facts that speaking and thinking are activities of organic agents, then the problem of the place of the normative in nature becomes refocused on three related questions. First, is there a sense in which biological processes and the behavior of organisms can be legitimately subject to normative evaluation? Second, is there some sense in which, in addition to having ordinary causal explanations, organic phenomena can also legitimately be seen to happen because they should happen in that way, in some naturalistically comprehensible sense of 'should', or that organic phenomena happen in order to achieve some result, because that result should occur? And third, is it possible to naturalistically understand how human thought and language can be legitimately seen as the normatively evaluable behavior of a particular species of organism, behavior that occurs in order to satisfy some class of norms? This book develops, articulates, and defends positive answers to each of these questions.
