Reflecting and Defining Conceptual Pedigree of"Social Facts"from the Perspective of Legal Positivism
In legal positivism with actual law as the objective,neither the"social facts thesis",one of the basic theses of legal positivism,nor"social facts"as a concept within this thesis is clear.The conceptual pedigree of"social facts"includes normativity,value,and convention.The blurring between"social facts"and the con-cepts within its pedigree shows the multiple possibilities of"social facts".It is precisely owing to the multiple pos-sibilities of"social facts"that the"social facts"thesis displays different contents in the discussions of Austin and other legal positivists."Social facts"is different from"natural facts",in that the former one can be divided into simple facts and complex facts,normative facts and non-normative facts according to different classification criteria.The concept of"social facts"have certain values,which not only breaks through the philosophical paradigm of di-chotomy between facts and values in traditional jurisprudence,but also becomes one of key factors in determining whether"social facts"can be transformed into"normative facts".
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