Everyday Legal Ontology

Book excerpt: 1. Everyday legal ontology as a challenge to normative solipsism 1.1. Normative solipsism – 1.2. Three open questions of Petrażycki’s legal theory – 1.3. The subject-matter of this book – 1.4. The major ontological kinds and the way they are mirrored in naïve language 2. Ethical illusions produced by projective processes 2.1. Introduction – 2.2. What can projections explain? – 2.3. Petrażycki’s projective process – 2.4. The degree of stability of projective qualities and its linguistic consequences – 2.5. Two constituents of the stability of projective qualities – 2.6. The connection of subjective stability and intersubjective diffusion with the psychological development of realism 3. Illusions produced by the features of the super-ego 3.1. The limits of Petrażycki’s projective hypothesis – 3.2. The differentiae specificae of ethical emotions – 3.3. Why the explanation here proposed to the illusions of imperatives and prohibitions is different from Petrażycki’s – 3.4. The illusions of norms and the role of the concept of norm as a basic theoretical concept – 3.5. Ethical emotions, aggressiveness and ethical sadism – 3.6. Shame, guilt, pride, anger and indignation – 3.7. Is the hypothesis of a super-ego falsifiable in Popper’s sense? 4. Illusions produced by the features of legal emotions 4.1. Naïve legal entities – 4.2. Moral vs. legal experience – 4.3. Features associated to moral vs. legal experiences, respectively – 4.4. Kinds of legal relationships – 4.4.1. facere-accipere (obligatedness/obligatoriness) – 4.4.2. nonfacere-nonpati (prohibitedness) – 4.4.3. pati-facere (permittedness) – 4.4.4. pati-nonfacere (omissibility) – 4.4.5. Absence-of-ethical-phenomena and ethical indifference – 4.5. Pure attributive phenomena – 4.6. The degree of cognitive salience of the different kinds of legal relationship and the factors conducive to the detachment of debts – 4.6.1. Bilaterality – 4.6.2. Transferability – 4.6.3. Transitoriness – 4.6.4. Fungibility – 4.6.5. Transformability – 4.7. Duties – 4.8. Rights vs. powers? – 4.9. The factors conducive to the detachment of permittednesses/authoritativenesses into illusions of free-standing entities – 4.9.1. Bilaterality – 4.9.2. Transferability – 4.9.3. Transitoriness – 4.9.4-5. Fungibility and transformability – 4.10. Statutes, commands and the wishes of an autocrat – 4.11. The illusions of the amendment of a command/statute – 4.12. A case of undetachment: ownership Appendix: Moneyness as a naïve non-legal phenomenon References Index of names