Deontic Logic as Logic of Legal Norms: Two Main Sources of Problems

Ratio Juris 4 (3):374-392 (1991)
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Abstract

Abstract.The paper offers a critical survey of two main sorts of problems hindering the possibility of conceiving deontic logic as a suitable account of the logical behaviour of (sentences expressing) legal norms. The notion of “legal norm” is viewed as the main source of the first sort of problems: (a) the typological variety of legal norms requires an account both of the differing logical behaviour of (sentences expressing) differing legal norms, and of the relations which might hold amon them; (b) the ontologic, semantic, and epistemic features of legal norms shed doubt on the very attempt to figure out a logical analysis of (sentences expressing) legal norms. The notion of “systemic legal validity” is viewed as the main source of the second sort of problems: Deontic logic does not provide suitable logical tools to account for legal phenomena like enactment, derogation, and conflicts between legal norms which rely on systemic legal validity.

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References found in this work

Deontic logic.G. H. von Wright - 1951 - Mind 60 (237):1-15.
Moral dilemmas and consistency.Ruth Barcan Marcus - 1980 - Journal of Philosophy 77 (3):121-136.
I. deontic logic.G. H. von Wright - 1951 - Mind 60 (237):1-15.
On law and justice.Alf Ross - 1958 - London,: Stevens. Edited by Jakob vH Holtermann & Uta Bindreiter.

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