Normativism

Normativism

 

one of the principal schools of bourgeois legal theory in the 20th century. Normativism is related to positivism, which dominated bourgeois jurisprudence in the 19th century. Positivism reduced legal science to a description and logical systematization of existing law and declared socioeconomic explanations to be superfluous. Normativism has developed this approach in even more rigid form, demanding that legal science disregard the social factors that influence the legislator, the courts, and the behavior of people in the sphere of law and reject social evaluation of existing law. Normativism holds that law must be studied in “pure form” as a special normative sphere independent of social life and economic and political conditions (it is sometimes called the pure theory of law). Normativism is based on the neo-Kantian idea that the “ought” and the “is” are inseparable from one another and that the former cannot be derived from the latter: “Law can only be determined by law, and the force of law is in itself.”

Normativism as a whole is directed against the Marxist interpretation of law as an element of the superstructure, determined by the socioeconomic and political conditions of class society. Unlike Marxism, normativism denies the possibility of a social evaluation of bourgeois law. The leading exponents of this school are the Austrian jurist H. Kelsen and his followers A. Verdross, A. Merkel, J. Kunz, and C. Eisenmann. The principles of normativism were also defended by G. Nawiasky (Germany) and C. de Malbert (France). Normativism had many adherents in Europe between the world wars. After World War II its importance in Europe declined, although it continues to be influential in a number of Latin American countries.

Mentioned in ?
References in periodicals archive ?
Within its framework, genre ceased to be suspected of normativism, thus paving the way for Bakhtin and the Formalists alike to regard it as a verbalutterance, one of the verbal genres whose interaction in the flow of speech Julia Kristeva made an attempt to embrace by her term intertextuality (later on widely used and misused).
The research methodology in accordance with the major assumption of this study is that European integration theories are based on normativism and centered on the alliance between knowledge, political action, spirituality, equilibrium, good will (Basile, 1970) and legality.
Further, the concept of normativism becomes even more complicated when the mainstream positivists like Hart and Raz admit the role of a value system in recognition of rules.
Late Modern English normativism and usage in a sociohistorical context.
First, given the practicality of epistemic agency, the action features of evidence-gathering and of deliberating, it is not clear why Raz wants to keep a separate category for normative reasons for belief, unless he is after all committed to normativism about belief, i.
JUAN DAVID GUERRERO, "Against Naturalist Conceptions of Health: In Defence of Constrained Normativism.
Given this formulation of normativism in theory construction, how
At the heart of his approach is, as one colleague has put it, a belief that international law is "a translation of natural decency, rationality and universal values into its professional language," an approach "based on principles of legal normativism, legal completeness and absolute justice," so that the system of international law was "'complete,' pluralistic and liberal cosmopolitan.
The same unsympathetic attitude and intellectual impatience that Austinian positivism had for federalism in his conception of law and the drafting of the statement of the Separability doctrine, and which attracted a dissipating sense of criticism from Hartian normativism, appears to be the same move Oladosu is suggesting for Africa.
Schmitt writes: "A logically consistent normativism must lead to the absurdity that the appropriate normative decision derives its force of law from the norm, whereas the norm-contradicting decision derives its force only out of itself, out of its norm-contradiction
Likewise, one can assert a need for norms without falling into the sort of normativism which evaluates political orders on the basis of some rigid template which is itself often the product of uncritically held predispositions.
Surveys existing ILC theories in three baskets: rationalism, normativism, and liberalism.