On relevance and justification of legal decisions

Erkenntnis 44 (1):73 - 100 (1996)
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Abstract

The author discusses a question related to a certain aspect of justification of legal decisions, often so-called internal justification-a legal decision is internally justified if and only if it can be deduced from the norm(s) applicable to the case, and from the statement(s) describing the facts of the case. According to this notion, infinite irrelevant logical consequences are justified. To avoid this counterintuitive conclusion, the author analyzes three notions of relevance: Sperber-Wilson's notion, Anderson-Belnap's notion, and Schurz's notion. The author presents a reconstruction of the notion of relevance very close to Schurz's notion, extended to make it suitable to the particular characteristics of deontic logic. Finally, this notion of relevance is used to discuss some aspects of the concept of normative system, conceived as a deductive system, that is, a system containing all its logical consequences.

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Jose Juan Moreso
Universitat Pompeu Fabra

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References found in this work

The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Introduction to logic.Patrick Suppes - 1957 - Mineola, N.Y.: Dover Publications.
General theory of law and state.Hans Kelsen - 1945 - Union, N.J.: Lawbook Exchange. Edited by Hans Kelsen.
Principia Mathematica.Alfred North Whitehead & Bertrand Russell - 1950 - Cambridge,: Franklin Classics. Edited by Bertrand Russell.
On Law and Reason.Aleksander Peczenik - 1989 - Dordrecht, Netherland: Springer Verlag.

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