TY  - CONF
A1  - Batalha, Carlos Eduardo
T1  - Normativity of law and interpretive approaches : (a discussion on the relation between law and reason)
T2  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series ; 068
N2  - The debates about the interrelations between reason and law have undergone a change after the eighteenth century. References to the recta ratio of jusnaturalistic tradition have not disappeared, but other comprehensions of legal reason have developed. The European debate over legal positivist science has contributed to this in a manifestation of the rationality of law. This transformation may be considered the basis for the development of true “legal technologies” throughout the twentieth century. On the other hand, in the context of theories of positive law which have taken the relation between ethics and legal reason as a problem, the formation of discourses on coercion (Austin and Holmes), on validity (Kelsen and Hart) and on justification (Alexy and Dworkin) has also contributed to the emergence of new models of legal rationality. In this paper, it is highlighted that the construction of these models is linked to the “points of view” which theories have proposed as legitimate for the interpretation of legal phenomenon. And it is suggested that the discussion over points of view (defined as “focuses”, term which is close to the notion of “attitude”, “stance” or “place of speech”) may aid in the debate on the normativity of law.
T3  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series - 068 
KW  - legal rationality
KW  - rightness of natural reason
KW  - point of view
KW  - coercion
KW  - validity
KW  - justification
KW  - legal theories
KW  - normativity of law
Y1  - 2012
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/24926
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-249261
PB  - Goethe-Univ.
CY  - Frankfurt am Main
ER  -