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

Peter Hulsen

    Research output: Contribution to journalArticleAcademicpeer-review

    5 Citations (Scopus)

    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.
    Original languageEnglish
    Pages (from-to)271-299
    Number of pages29
    JournalLaw and philosophy
    Volume17
    Issue number3
    DOIs
    Publication statusPublished - 1998

    Keywords

    • Legal theory
    • Institutional facts
    • Legal validity
    • Sociology of knowledge

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