The dialectic of real and ideal in the phenomenology of the normative

Despite being so relevant in our lives, norms are not material objects that can be perceived through our senses and directly interact with the physical world. This raises some questions: Do norms really exist? What is their mode of existence? Are they mere mental objects? If they are mental objects, can we still say that they are real? This paper distinguishes two possible ways of understanding norms as mental objects: (i) as merely psychological phenomena exclusively existing within individuals’ minds, or (ii) as ideal entities, i.e., intentional objects or mental contents that can be the correlates of psychic experiences, whose reality is not reducible, though, to such experiences. These two ways of understanding norms as mental objects provide two complementary methodological approaches, that are both necessary for a comprehensive understanding of the complex reality of legal norms.

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Publication Details

Journal
Oñati Socio-legal Series
Published
2026-04-01
DOI
https://doi.org/10.35295/osls.iisl.2317
Primary Topic
Philosophical Ethics and Theory
Type
article
Field-Weighted Citation Impact
0.00
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article

The dialectic of real and ideal in the phenomenology of the normative

L Passerini Glazel, Paolo Di Lucia
Oñati Socio-legal Series
Philosophical Ethics and Theory
article

The dialectic of real and ideal in the phenomenology of the normative

L Passerini Glazel, Paolo Di Lucia
article en

Abstract

Despite being so relevant in our lives, norms are not material objects that can be perceived through our senses and directly interact with the physical world. This raises some questions: Do norms really exist? What is their mode of existence? Are they mere mental objects? If they are mental objects, can we still say that they are real? This paper distinguishes two possible ways of understanding norms as mental objects: (i) as merely psychological phenomena exclusively existing within individuals’ minds, or (ii) as ideal entities, i.e., intentional objects or mental contents that can be the correlates of psychic experiences, whose reality is not reducible, though, to such experiences. These two ways of understanding norms as mental objects provide two complementary methodological approaches, that are both necessary for a comprehensive understanding of the complex reality of legal norms.

Oñati Socio-legal SeriesVol. 16(2)
University of Milan (IT), University of Milano-Bicocca (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 41%
Philosophical Ethics and Theory
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