Normativity, Truth, Validity and Effectiveness. Remarks starting from the Horizon of the “Common Sense”

Phenomenology and Mind 24:226-236 (2023)
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Abstract

The essay focuses on the rethinking of the conceptual circle normativity-truth-validity as regards its projection on the theory of law. Starting from the perspective of the “law in action”, that is to say by considering the experience/behaviour of the “common man”, the classical distinction between truth-validity can be rediscussed. This perspective is based on the concept of “common sense”: it is a very complex dimension composed by different strata and entails a new meditation on the pair “deontic-psychological” also in light of some Edmund Husserl’s clues. Accordingly, it is possible to grasp the pair truth-validity “in action” (i.e. within the common legal experience), in order to propose some “open” conclusions concerning the dimensions of law as well as the legal theory.

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