Abstract

The first part of this essay concerns the question whose attributions of normative meaning are relevant for the existence of legal systems: those of legal practitioners or those of legal scholars. The essay argues that since the effectiveness of a legal order is the effectiveness of applied and observed norms, legal positivist must regard the attributions of meaning by practitioners as authoritative. Upon closer inspection, however, it turns out that these attributions originate from practices of knowing the law that reflect critically on their own point. The second part of the essay concerns the role of legal philosophy and rejects the view that regards it as a foundational discipline. Rather, it is a mode of self-reflection that permits the law to emancipate itself from the strictures of money and power.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.