On the normativity of value in law
Jacob, Jean-Baptiste
On the normativity of value in law - 2022.
67
From the point of view of legal theory, the advent of legal modernity has been accompanied by the triumph of one epistemology, rarely questioned in its principle, according to which law must be thought of on the model offered by empirical sciences. The hypothesis of legal value, though, is precisely a counterpoint to that model. It is based on an obvious but forgotten idea, which is that Value is not a Fact. As it is cannot be reduced to a fact, then logically it must be reduced to a norm. The study intends to examine the hypothesis of value in order to circumscribe the concept, in the sense of defining its theoretical properties and then identifying its versions in french constitutional judges’ decisions.
On the normativity of value in law - 2022.
67
From the point of view of legal theory, the advent of legal modernity has been accompanied by the triumph of one epistemology, rarely questioned in its principle, according to which law must be thought of on the model offered by empirical sciences. The hypothesis of legal value, though, is precisely a counterpoint to that model. It is based on an obvious but forgotten idea, which is that Value is not a Fact. As it is cannot be reduced to a fact, then logically it must be reduced to a norm. The study intends to examine the hypothesis of value in order to circumscribe the concept, in the sense of defining its theoretical properties and then identifying its versions in french constitutional judges’ decisions.
Réseaux sociaux