Normative Realien

Law derives its strength not from general-abstract normativity, but from the individual-concrete circumstances it is called upon to correct. The impetus for this dissertation's unconventional perspective comes from a theory of Family Law Exceptionalism (FLE) articulated in the United States. FLE argues that real-life family law exhibits peculiarities that are not found in other private law relationships. In contrast, this work presents an approach that consistently justifies such peculiarities of family law in relation to the specific characteristics of real situations. This example illustrates how it is not so much the norm that determines the circumstances, but rather the circumstances that shape the norm.