La fuerza de lo normativo
Pablo Sánchez-Ostiz , Universidad de Navarra
Abstract
Legal statements use expressions of an empirical or factual nature; furthermore, in Law the use of the empirical or factual (punishment, reproach and accusation) is used to enforce the rules. In this sense, we can speak of "the factual force of the normative". While in the first case no particular difficulty arises because it is a metaphor used for its expressiveness, in the second case the question arises as to how to legitimize recourse to factual means that cause pain and suffering to people. It is concluded that it could be legitimized because the Law is proper to beings that belong both to the world of causality (the empirical, factual or physical), and of freedom (the comprehensive, evaluative or axiological)
Keywords:
Normativism, Empiricism, Facticity, Explanation, Understanding, Pain
