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On the Relationship between Facts and Legal Concepts:
Methodological Analysis

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.