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Norms and Facts
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SYSNO ASEP 0477722 Document Type J - Journal Article R&D Document Type Journal Article Subsidiary J Článek ve SCOPUS Title Norms and Facts Author(s) Sobek, Tomáš (USP-I) ORCID Source Title The Lawyer Quarterly. - : Ústav státu a práva AV ČR, v. v. i. - ISSN 1805-8396
Roč. 7, č. 3 (2017), s. 180-199Number of pages 20 s. Publication form Print - P Language eng - English Country CZ - Czech Republic Keywords natural law ; legal positivism ; Hume’s thesis Subject RIV AG - Legal Sciences OECD category Law R&D Projects GA13-30299S GA ČR - Czech Science Foundation (CSF) Institutional support USP-I - RVO:68378122 EID SCOPUS 85029749446 Annotation In this paper, I am going to deal with a logical relation between facts and norms. Humans both cognize some facts and take value attitudes to them. But what is a logical relation between these two activities of human thinking? I will focus on what it is for a fact to ground a norm. The normative beliefs that we ground on some facts ultimately always presuppose the acceptance of some normative principles that are no longer dependent on any facts. A full-blooded normativity is coming alive only from the position of participants in legal practice, and thus from within the practice. Ultimately, legal validity is not based on knowledge of a fact, whether normative or empirical. It is based on a practical stance of the acceptance of legal authority. Such an attitude is implicit in the day-to-day practice of human agents who use law without the need to thematise its normative grounds. Workplace Institute of State and Law Contact Iveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714 Year of Publishing 2018
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