Open AccessOn the Relationship between Facts and Legal Concepts: Methodological Analysis
Author(s) -
ANTON B. DIDIKIN
Publication year - 2020
Publication title -
trudy instituta gosudarstva i prava rossijskoj akademii nauk
Language(s) - English
Resource type - Journals
ISSN - 2073-4522
DOI - 10.35427/2073-4522-2020-15-3-didikin
Subject(s) - normative , ambiguity , epistemology , context (archaeology) , empirical legal studies , legal realism , legal doctrine , legal research , legal science , legal norm , sociology , law , political science , philosophy , paleontology , linguistics , biology
In his paper "The Influence of Normative Reasons on the Formation ofLegal Concepts", German legal philosopher Lorenz Kähler attempts to give a theoretical and philosophical understanding of the legal normativity in terms of disclosureof normative reasons that determine the choice and definition of the legal concepts.Despite the broad context of substantiating the problem under study and ways tosolve it, the author formulates a number of controversial and disputable provisions.Among them, we can note the ambiguity and uncertainty of the content of legal concepts that are projected by the author exclusively on the field of legal norms, whichdoes not allow us to correctly distinguish the process of cognition of legal phenomena and the application of legal norms. The analysis of the problem of normativity iscarried out from the position of separating the normative legal order from the field ofempirical facts without the possibility of correlating normative prescriptions with factual circumstances and actions (the normative grounds of which are the main pointof L. Kähler, s research). The paper offers a number of critical arguments that demonstrate the methodological incorrectness and unreasonableness of certain judgmentsof L. Kähler, as well as conceptual decisions about the relationship between facts andnorms in the context of the boundaries of normative and factual law.