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Phillip Taylor MBE review. Facts and Norms in Law

BOOK REVIEW FACTS AND NORMS IN LAW Interdisciplinary Reflections on Legal Method Edited by Sanne Taekema, Bart van Klink and Wouter de Been ISBN: 978 1 78536 108 1 (book) 978 1 78536 109 8 (ebook) This book is available electronically in the Elgaronline Law subject collection DOI 10.4337/9781785361098 EDWARD ELGAR PUBLISHING LIMITED www.e-elgar.com www.elgaronline.com A BRILLIANT NEW COMMENTARY ON JURISPRUDENTIAL THINKING WITH ITS IMPORTANT REVIEW OF THE FACT-VALUE DISTINCTION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers It’s always a pleasure to review a new and original piece of research on modern jurisprudential and legal thought, and we have found just the right information contained in “Facts and Norms in Law” recently published by Edward Elgar Publishing. The three editors, Sanne Taekema, Bart van Klink and Wouter de Been have been joined by eleven other contributors to discuss interdisciplinary reflections on legal method at a high intellectual level for the scholar. Five years ago, in 2011, Sanne and Bart published a forerunner volume entitled “Law and Method: Interdisciplinary Research into Law”. We now have this new work which builds on the original introduction to various interdisciplinary approaches to law. One of the more fundamental problems addressed originally was the fact-value separation. The editors say that according to some legal scholars, such as Kelsen, “a distinction can be drawn between empirical sciences that are concerned with facts, on the one hand, and normative disciplines that deal with values, on the other”. And therein lies the beauty of this new exposition which will give the student and jurisprudent much food for thought, especially those scholars seeking a high degree classification who will find this work most helpful for their study programmes. Readers will know, too, that empirical sciences, among which are the natural sciences, observe how things are. However, normative sciences such as ethics and legal scholarship are concerned with how things should be. We feel that the contributors have been able to delve into this area of research and have produced some excellent points for argument. The editors point out that the strict fact-value separation have been rejected by academics adhering to other “non-positivist scientific approaches, in particular hermeneutics and pragmatism” which can be the cause of much confusion for those new to jurisprudence and legal theory. In order to assist the student, the views of Hilary Putnam, the pragmatic philosopher, are put forward, namely that “knowledge of facts presumes knowledge of values and, vice versa, knowledge of values presupposes knowledge of facts”. Of course, the eminent Dworkin, in his hermeneutical philosophy of law, also rejects a strict fact-value distinction. However, the fact-value distinction continues to raise its head although Sanne and Bart offer what we would call different determinations. The germination of the book arose because whilst the editors shared a conviction that, with the growing popularity of multi- and interdisciplinary approaches to law, their view is that “it became more and more important to reflect on this issue, precisely because these different positions influence research approaches in different disciplines”. The editors intended to stimulate the debate and they have done so in a thorough and detail set of twelve essays. Their parting comment is that they hope that the book will “inspire the community of legal scholars to engage in interdisciplinary research more often or more fully, and to reflect on its methodological challenges”. And they do that here brilliantly in “Facts and Norms in Law” as an excellent new commentary for the modern jurisprudent reviewing contemporary legal theory. Do visit the Elgar website for their latest titles.