Abstract

The aim of this chapter is twofold. First, it examines the relationship between norms and normativity arguing that normativity is generated by the system as well as the lifeworld, and it is not necessarily reducible to the effects or functions of individual norms. Second, it challenges the assumption that legal sociology should apply itself to the external or factual properties of the law and leave the internal and normative aspects of legal phenomena to doctrinal scholars and moral philosophers. It argues further that legal sociology explores the normative contexts of the law and other social systems, but being restricted by its ‘scientific’ mode of expression it describes and analyses them in sociological rather than in moral terms. Legal sociology is, and should be seen as, a different language game to moral and legal philosophy, and its treatment of normativity should be understood on its own terms.

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