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An Explanatory Framework for Legal Grounding
An Explanatory Framework for Legal Grounding

Author(s): Bartosz Janik
Subject(s): Law, Constitution, Jurisprudence, Sociology of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: grounding; explanation; philosophy of law; legal facts; social facts

Summary/Abstract: The objective of this article is to provide an explanatory framework for legal grounding. Grounding, understood in recent years as a metaphysical determination, has proved to be a fruitful object of inquiry for legal theorists trying to explain the thesis about the relationship between social facts and legal facts in metaphysical terms. However, the debate on the use of the notion of grounding in the philosophy of law lacks a concise and precise differentiation of the various assumptions behind grounding that philosophers have recently discussed. This article offers a prospect for analysis of a debate about grounding of legal facts and an interpretation of focal terms in light of recent metaphysical debates.

  • Issue Year: 35/2023
  • Issue No: 2
  • Page Range: 34-42
  • Page Count: 9
  • Language: English