No-Miracles Argument of Law: Jurisprudence Meets Structural Realism

Abstract Drawing inspiration from scientific structural realists, I introduce structural normativism to the legal domain. This novel approach advocates for understanding laws, principles, and precedents primarily through their structural composition rather than as isolated entities. Consider the European Union: We regard the EU as a distinct legal subject, even though it primarily embodies an intricate web of structures. To support my theory, I study the order relations of legal systems, the intricacies of legal balancing, and the foundations of legal dogmatic theories. My research proposes that normative entities are best conceptualised as emerging from modal structures, which direct the validation of individual norms in a legal reality characterised by necessary, possible, impossible, and contingent facts. Could this approach enhance our understanding of legal adaptability, coherence, and predictability? With further research, especially in the field of Artificial Intelligence, structural normativism might improve consistency in legal decision-making and provide insights for lawyers, judges, policymakers and legal scholars alike. By exploring how this approach could present a no-miracles argument of law, I aspire to add a normative dimension to the structural project.