Between Facts and Norms - Contributions to a ... - Blogs Unpad

41Law as Social Mediation between Facts and Normswe might call the idealistic pressure to legitimate any regulations.Even the systemic integration achieved through money and powerought, in accordance with the constitutional self-understanding ofthe legal community, to remain dependent on the socially integrativeprocess of civic self-determination. The tension between theidealism of constitutional law and the materialism of a legal order,especially a commercial law that reflects only the unequal distributionof social power, finds its echo in the drifting apart of philosophicaland empirical approaches to law. Before I come back tothe facticity-validity tension internal to law, I would like to go intothe external relation between social facticity and the normativeself-understanding of modern law. Specifically, I will treat thisrelation as it is reflected in the sociological discourses on law andthe philosophical discourses on justice.