Legal positivists typically describe law as ‘thinly’ normative to distinguish it from the ‘thick’ normative force of moral norms have; which legal norms may lack. One popular account of thin normativity is social normativity. But a number of scholars have offered accounts of what it is to be a thin norm that are distinct from social normativity. This paper addresses these alternative accounts of what it is to be a thin norm. It also explores whether law counts as necessarily ‘thinly (...) normative’ on these accounts. I argue that some accounts of thin normativity are so generic (‘super-thin’) that they are unable to distinguish between (thin) norms and nonnormative facts and thus collapse into triviality. I also consider more metaphysically demanding accounts of thin normativity, such as the view that everything is a norm that is essentially represented by deontic modals. However, law might fail to meet the demands of these slightly thicker accounts. I thus propose a view of law as consisting in nonnormative facts (diagnostic categories) and suggest sketching accounts of thin normativity as contingent, rather than necessary, features of laws and legal systems. (shrink)

Volume 24, Issue 10, October 2024, Page 80-82.

No detailed description available for "Berkeley's American Sojourn".