Interdisciplinary Reflections on Legal Method
Edited by Sanne Taekema, Bart van Klink and Wouter de Been
Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
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Chapter 2: Facts, values and norms
Philosophical and methodological discussions with regard to normative and value judgement presuppose the availability of a set of clear concepts by means of which these discussions can be made fruitful. To provide such a framework, or at least its beginnings, the present chapter makes and explains distinctions between, amongst others, facts and descriptions thereof, kinds of facts, kinds of deontic (normative) facts, kinds of rules, deontic facts and norms, and facts and values. By means of some examples, the usefulness of the introduced concepts for methodological issues is illustrated.
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