DSpace Repository

The normative sense of the concept of law part ii - systematic considerations

Show simple item record

dc.contributor.author Strauss, D.F.M.
dc.contributor.other Central University of Technology, Free State, Bloemfontein
dc.date.accessioned 2015-10-05T10:31:06Z
dc.date.available 2015-10-05T10:31:06Z
dc.date.issued 2013
dc.date.issued 2013
dc.identifier.issn 16844998
dc.identifier.uri http://hdl.handle.net/11462/640
dc.description Published Article en_US
dc.description.abstract Modern philosophy left us with an unbridgeable divide between factual reality and the domain of values (normativity). This article first of all analyze modal norms, such as the principle of avoiding what is legally excessive. There are distinct but mutually cohering kinds of laws. The distinction between modal laws / norms and type laws / norms required an example from the domain of human society - John Locke and Adam Smith, whose ideas in practice gave birth to trade unionism and labour parties. The idea of an "invisible hand" (manifest in the "free market") operates with exact (natural) laws, such as supply and demand. When modal norms are distinguished from type norms it becomes clear that states and a business enterprises can act uneconomically by wasting their money although they ought to function in a way that is guided by economic considerations of frugality. As an example the well-known natural law of energy-conservation is explained as the embodiment of an analogical link between the physical aspect and the kinematic aspect which should rather be designated as the law of energy-constancy. Finally the problem of normativity is related to the coherence between the logical-analytical aspect and its coherence with the aspects of number and space - focused on the principle of the excluded middle and its implications for diverging schools of thought within twentieth century mathematics. The last subsection concludes with reference to the norms guiding technological developments and with an assessment of the meaning of technology. en_US
dc.format.extent 158 299 bytes, 1 file
dc.format.mimetype Application/PDF
dc.language.iso en_US en_US
dc.publisher Journal for New Generation Sciences, Vol 11, Issue 2: Central University of Technology, Free State, Bloemfontein
dc.relation.ispartofseries Journal for New Generation Sciences;Vol 11, Issue 2
dc.subject Fact and value en_US
dc.subject Normativity en_US
dc.subject Modal norms en_US
dc.subject Typical norms en_US
dc.subject Supply and demand en_US
dc.subject Frugality en_US
dc.subject Natural laws en_US
dc.subject Cultural norms en_US
dc.subject Schools of thought en_US
dc.subject Physics and mathematics en_US
dc.title The normative sense of the concept of law part ii - systematic considerations en_US
dc.type Article en_US
dc.rights.holder Central University of Technology, Free State, Bloemfontein

Files in this item

This item appears in the following Collection(s)

Show simple item record

Search DSpace


My Account