The Fact of Values

Building upon Luhmann’s observations on the problems raised for law by indispensable norms and especially by conflicts between two or more of them, this paper considers some of legal theory’s attempted solutions before considering some recent thinking on these issues from the common law courts. Insofar as neither theory nor practice appears able to overcome the difficulties Luhmann highlights, conclusions are drawn which suggest that, far from being a matter for regret, Luhmann's analysis clarifies the practical limitations on what may be expected in respect of values and identifies the point at which those concerned with their protection should focus their attention

Economics · Epistemology · Law and economics · Political science · Positive economics · Regret · Sociology · Computer Science · Judicial and Constitutional Studies · Law · Law and Political Science · Law in Society and Culture · Mathematics · Philosophy