О взаимосвязи фактов и содержания правовых понятий: методологический анализ
. In his paper "The Influence of Normative Reasons on the Formation of Legal Concepts", German legal philosopher Lorenz Kähler attempts to give a theoretical and philosophical understanding of the legal normativity in terms of disclosure of normative reasons that determine the choice and definition of the legal concepts. Despite the broad context of substantiating the problem under study and ways to solve it, the author formulates a number of controversial and disputable provisions. Among them, we can note the ambiguity and uncertainty of the content of legal concepts that are projected by the author exclusively on the field of legal norms, which does not allow us to correctly distinguish the process of cognition of legal phenomena and the application of legal norms. The analysis of the problem of normativity is carried out from the position of separating the normative legal order from the field of empirical facts without the possibility of correlating normative prescriptions with factual circumstances and actions (the normative grounds of which are the main point of L. Kähler, s research). The paper offers a number of critical arguments that demonstrate the methodological incorrectness and unreasonableness of certain judgments of L. Kähler, as well as conceptual decisions about the relationship between facts and norms in the context of the boundaries of normative and factual law.