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Let us now see how Kelsen thought that the basic norm helps to explain the sense in which law is a normative domain and what this normativity consists in.
This plurality of considerations is nevertheless unified by a single normative domain or subject matter: unjustifiability.
Consequently, on this view, "truth and falsity in the normative domain must always be relativized to a particular practical point of view" (Street 2008a, 224).
For naturalists about morality are typically naturalists about the normative domain more generally and so typically espouse naturalistic understandings of reasons for action.
Law is not the only normative domain in our culture; morality, religion, social conventions, etiquette, and so on, also guide human conduct in many ways which are similar to law.
The worry stems from the fact that it is very difficult, if not impossible, to maintain both a profound relativist and an anti-reductionist position with respect to a given normative domain.
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Aren't we familiar with some normative domains — such as that of etiquette — about which we are all relativists?
Early legal positivists, such as Bentham and Austin, maintained that coercion is an essential feature of law, distinguishing it from other normative domains.
So here is what emerges so far: the concept of normativity, the sense in which normative content is related to reasons for action, is the same across all normative domains.
Therefore, part of what is involved in the understanding of the nature of law consists in an explanation of how law differs from these similar normative domains, how it interacts with them, and whether its intelligibility depends on other normative orders, like morality or social conventions.
The 'because' structure seems to be shared by other normative domains: it would be very odd to claim that a particular chess move was winning, or that a particular action was illegal, without being committed to their being some general explanation in terms of the rules of chess, or the law, that explains this particular fact.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com