Critique of Legal Normativity Researches in Analytical Jurisprudence
In the view of contemporary Analytical Jurisprudence,there is a conceptual and inevita-ble relationship between legal normativity and law which is the innate attribute of legal norms,and the normative nature of law means that law can provide people with reasons for action.Analytical jurispru-dence proposes three schemes for the normative nature of law:"recognition theory""moral theory"and"justified theory",but none of these schemes can solve the"action-reason"paradox,so they cannot tru-ly demonstrate the normative nature of law.The direct reason why the legal normativity researches of an-alytical jurisprudence have not been completed is that its meta-theoretical way of thinking places lan-guage in a more primitive position than people's actions and practices,and ignores that legal normativi-ty is ultimately generated in the practical context.The fundamental reason is the shackles of the contem-plative tradition and intellectualist epistemology that contemporary analytic jurisprudence has never shaken off.
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