Abstract
Abstract This chapter locates legal normativity in social normative practice. Gardner’s jurisprudence points to the ‘Euthyphro’ gap between legal and moral points of view. This insight suggests that if one accepts both (1) law’s moral potential and (2) its social foundations, then our account of legal normativity ought to allow for the possibility of making the ‘leap’ from one point of view to the other—moving from a non-ideal case to one in which law fulfils its moral potential. Gardner suggests that the leap of faith enabling this lies in law’s source of validity. Whereas Gardner envisions that source in a presupposition, this chapter focuses on social normative practice. This requires that norms be transmitted socially. Social normative practice involves the transfer of the internal point of view itself from one person to another, and is possible because of the affective and associational ties people have to one another.
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