The Issue of Normativity and the Methodological Implications of Interpretivism I

The Idea of Normative Guidance

Research output: Contribution to journalArticle

4 Citations (Scopus)

Abstract

The article is the first part of an analysis that seeks to clarify the distinctive normativity of law, as it is reflected in the legal systems of constitutional democracies. It explores the ability of interpretive theories to capture the conceptual characteristics of the normativity of law. The normative guidance the law provides is characterised in terms of normative claims. Normative claims are construed as being based upon linking up expectations with practical reasons. The analysis lays out the conditions of providing normative guidance with the help of drawing a distinction between the success and efficacy of normative claims. The success of normative claims is explained in terms of their substantive justificatory background and the competence of those making them. The characterisation of the efficacy of normative claims is based on the distinction between instrumental and non-instrumental reasons.
Original languageEnglish
Pages (from-to)119-139
Number of pages21
JournalActa Juridica Hungarica
Volume54
Issue number2
Early online date29 May 2013
DOIs
Publication statusPublished - Jun 2013

Fingerprint

normativity
Law
legal system
democracy
ability

Keywords

  • interpretivism
  • normative guidance
  • normative claim
  • practical reason
  • practical justification
  • instrumental and non-instrumental reasons

Cite this

@article{3bbfee585194421195e5295b4d544df8,
title = "The Issue of Normativity and the Methodological Implications of Interpretivism I: The Idea of Normative Guidance",
abstract = "The article is the first part of an analysis that seeks to clarify the distinctive normativity of law, as it is reflected in the legal systems of constitutional democracies. It explores the ability of interpretive theories to capture the conceptual characteristics of the normativity of law. The normative guidance the law provides is characterised in terms of normative claims. Normative claims are construed as being based upon linking up expectations with practical reasons. The analysis lays out the conditions of providing normative guidance with the help of drawing a distinction between the success and efficacy of normative claims. The success of normative claims is explained in terms of their substantive justificatory background and the competence of those making them. The characterisation of the efficacy of normative claims is based on the distinction between instrumental and non-instrumental reasons.",
keywords = "interpretivism , normative guidance , normative claim, practical reason, practical justification, instrumental and non-instrumental reasons",
author = "Matyas Bodig",
year = "2013",
month = "6",
doi = "10.1556/AJur.54.2013.2.1",
language = "English",
volume = "54",
pages = "119--139",
journal = "Acta Juridica Hungarica",
issn = "1216-2574",
publisher = "Akademiai Kiado",
number = "2",

}

TY - JOUR

T1 - The Issue of Normativity and the Methodological Implications of Interpretivism I

T2 - The Idea of Normative Guidance

AU - Bodig, Matyas

PY - 2013/6

Y1 - 2013/6

N2 - The article is the first part of an analysis that seeks to clarify the distinctive normativity of law, as it is reflected in the legal systems of constitutional democracies. It explores the ability of interpretive theories to capture the conceptual characteristics of the normativity of law. The normative guidance the law provides is characterised in terms of normative claims. Normative claims are construed as being based upon linking up expectations with practical reasons. The analysis lays out the conditions of providing normative guidance with the help of drawing a distinction between the success and efficacy of normative claims. The success of normative claims is explained in terms of their substantive justificatory background and the competence of those making them. The characterisation of the efficacy of normative claims is based on the distinction between instrumental and non-instrumental reasons.

AB - The article is the first part of an analysis that seeks to clarify the distinctive normativity of law, as it is reflected in the legal systems of constitutional democracies. It explores the ability of interpretive theories to capture the conceptual characteristics of the normativity of law. The normative guidance the law provides is characterised in terms of normative claims. Normative claims are construed as being based upon linking up expectations with practical reasons. The analysis lays out the conditions of providing normative guidance with the help of drawing a distinction between the success and efficacy of normative claims. The success of normative claims is explained in terms of their substantive justificatory background and the competence of those making them. The characterisation of the efficacy of normative claims is based on the distinction between instrumental and non-instrumental reasons.

KW - interpretivism

KW - normative guidance

KW - normative claim

KW - practical reason

KW - practical justification

KW - instrumental and non-instrumental reasons

U2 - 10.1556/AJur.54.2013.2.1

DO - 10.1556/AJur.54.2013.2.1

M3 - Article

VL - 54

SP - 119

EP - 139

JO - Acta Juridica Hungarica

JF - Acta Juridica Hungarica

SN - 1216-2574

IS - 2

ER -