Back to Basics: A Theory of the Emergence of Institutional Facts

Author: Hulsen P.

Source: Law and Philosophy, Volume 17, Number 3, May 1998 , pp. 271-299(29)

Publisher: Springer

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Abstract:

In order to account for the mode of existence of social rules and norms, the author develops a theory of the emergence of institutional facts. Just as other kinds of institutional fact, rules and norms are meanings. Therefore, insight into the emergence of social rules and norms can be achieved by studying the recognition and the communication of meanings. Following accounts of meaning and factuality, institutional facts are characterized as unquestionable shared typifications. It is argued that, in becoming an institutional fact, a typification goes through two phases. First, it becomes a social habit. Second, this habit turns into an obligation by being objectified.

Keywords: legal theory; institutional facts; legal validity; sociology of knowledge

Language: English

Document Type: Regular paper

Affiliations: 1: University of Twente, Faculty of Public Administration and Public Policy, P.O. Box 217, 7500 AE Enschede, The Netherlands p.a.j.hulsen@bsk.utwente.nl

Publication date: 1998-05-01