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Normative approaches to law

Dates:
  • Thu 21 Nov 2019 09.30 - 13.00
  Add to Calendar 2019-11-21 9:30 2019-11-21 13:00 Europe/Paris Normative approaches to law

Normative approaches to law ask questions with regard to the law as it ought to be, as opposed to the law as it is. There exists a broad variety of normative theories of law, both of the law in general and of specific fields, such as tort law, public international law, or tax law. Just like moral philosophy and normative political philosophy, normative approaches to law are sometimes criticised or dismissed as being unscientific. On the other hand, legal scholars (PhD candidate or more senior) are often tempted to offer recommendations for improving the law on a given subject, or to criticise a legal rule, doctrine, or court ruling, not merely because their violation of a higher legal norm (eg the constitution), but because they are ‘unfair’, ‘unjust’, ‘inefficient’, ‘suboptimal’, or ‘unpractical’. Such claims imply the availability of a standard for determining what amounts to a fair, just, efficient, optimal or practical law. It is the objective of normative theories of law to articulate such normative standards and analyse their implications, as a result of which normative claims about the law can become more than mere subjective opinions of the author and make an actual contribution to our understanding and knowledge of the law.

Sala del Consiglio DD/MM/YYYY
  Sala del Consiglio

Normative approaches to law ask questions with regard to the law as it ought to be, as opposed to the law as it is. There exists a broad variety of normative theories of law, both of the law in general and of specific fields, such as tort law, public international law, or tax law. Just like moral philosophy and normative political philosophy, normative approaches to law are sometimes criticised or dismissed as being unscientific. On the other hand, legal scholars (PhD candidate or more senior) are often tempted to offer recommendations for improving the law on a given subject, or to criticise a legal rule, doctrine, or court ruling, not merely because their violation of a higher legal norm (eg the constitution), but because they are ‘unfair’, ‘unjust’, ‘inefficient’, ‘suboptimal’, or ‘unpractical’. Such claims imply the availability of a standard for determining what amounts to a fair, just, efficient, optimal or practical law. It is the objective of normative theories of law to articulate such normative standards and analyse their implications, as a result of which normative claims about the law can become more than mere subjective opinions of the author and make an actual contribution to our understanding and knowledge of the law.


Location:
Sala del Consiglio

Affiliation:
Department of Law

Type:
Seminar

Organiser:
Prof. Martijn Hesselink (European University Institute)

Contact:
Claudia de Concini (EUI - Law) - Send a mail
 
 

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