HOW FACTS BECOME NORMS (PART II)
Main Article Content
Abstract
I argue that it is possible to derive norms from facts. In this second part of my enterprise I suggest that permanent human behaviour as a matter of fact produces norms as a matter of ought. I proceed to defend this suggestion in two steps. Firstly, I use Festinger’s theory of cognitive dissonance applied in the particular context of judicial decision-making to demonstrate how our behaviour changes our normative
attitudes. Subsequently, I try to prove that normative attitudes which stem from settled inferential practice can be understood as “the genuine ought”. The objectivity of normativity is thus not a matter of reference, but a matter of inference and the meaning of our ought-terms is nothing else but the sum of practical conclusions they usually lead to.
Article Details
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.