ON THE COUNTERFACTUALITY OF NORMATIVITY Cover Image
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За контрафактичността на нормативността
ON THE COUNTERFACTUALITY OF NORMATIVITY

Author(s): Stiliyan Yotov
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Normative and Factual Validity; Intuitive Law; Motives and Reasons; Evolutionary Biology and Social Communication; Relativism vs. realism in morality

Summary/Abstract: The upcoming 2026 The 30th anniversary of the publication of Zhivko Stalev’s The Normative Power of the Factual is an occasion not only to mark this event, but also to take stock, to open an up-to-date dialogue on the eve of it with the ideological heritage of the prominent Bulgarian jurist. Moreover, during that time, the title of the book was established as a self-evident thesis, wellillustrated with legal phenomena, but its basic arguments did not resonate with the specialized public. Perhaps because they bring together the long-term and rich scientific experience of their author, brought through two watershed political moments of our recent history. However, mostly because of the unusual combination of strong traditions in the field of general theory and philosophy of law, developed independently of each other. The present article is an attempt to catch up and outline problem areas in this complex study. Today we can find them under widely discussed rubrics, which I would tentatively call: „evolutionary biology and normative behavior“, „normative relativism or normative realism“, „psychology of law – motives and grounds“, „normative and factual validity“. The parts of this article are focused on them, and in each of them, Zivko Stalev’s ideas are examined in the context of scientific results and concepts that have been established over the past 30 years.

  • Issue Year: 2024
  • Issue No: 4
  • Page Range: 51-73
  • Page Count: 23
  • Language: Bulgarian
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