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dc.contributor.authorStrauss, D.F.M.
dc.date.accessioned2015-07-30T08:15:27Z
dc.date.available2015-07-30T08:15:27Z
dc.date.issued2013
dc.identifier.citationStrauss, D.F.M. 2013. The normative sense of the concept of law part II - systematic considerations. Journal for new generation sciences. 11(2):104-127. [http://reference.sabinet.co.za/sa_epublication/newgen]en_US
dc.identifier.issn1684-4998
dc.identifier.urihttp://hdl.handle.net/10394/14181
dc.identifier.urihttp://reference.sabinet.co.za/sa_epublication/newgen
dc.description.abstractModern 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.description.urihttp://reference.sabinet.co.za.nwulib.nwu.ac.za/document/EJC150384
dc.description.urihttp://reference.sabinet.co.za/sa_epublication/newgen
dc.language.isoenen_US
dc.publisherSabineten_US
dc.subjectFact and valueen_US
dc.subjectnormativityen_US
dc.subjectmodal normsen_US
dc.subjecttypical normsen_US
dc.subjectsupply and demanden_US
dc.subjectfrugalityen_US
dc.subjectnatural lawsen_US
dc.subjectcultural normsen_US
dc.subjectschools of thoughten_US
dc.subjectphysics and mathematicsen_US
dc.titleThe normative sense of the concept of law part II - systematic considerationsen_US
dc.typeArticleen_US
dc.contributor.researchID12040568 - Strauss, Daniel Francois Malherbe


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