This essay investigates the applicability of Grice’s theory of conversational implicatures to legal interpretation, in order to highlight some of its characteristics. After introducing the notions of language and discourse, and briefly explaining the most salient aspects of Grice’s theory, I will analyse the interpretation of two types of legal acts; authoritative legal acts and acts of private autonomy. Regarding the first class, exemplified by statutes, I will argue against the applicability of Gricean theory due to the conflictual behaviour of (...) the addressees and, above all, to the insurmountable indeterminacy of the contextual elements. As far as acts of private autonomy are concerned, exemplified by contracts, I will argue that the cooperative principle is applicable, at least in those legal systems that include the principle of bona fides among the interpretative regulations of such acts. (shrink)

This paper discusses the place of philosophical naturalism in the philosophy of law, with special reference to Scandinavian Realism. Hägerström originated a non-cognitivist analysis of certain fundamental legal concepts, but he also proposed an error theory. The two approaches are incompatible, but were not always clearly distinguished. Among his followers, Olivecrona and Ross gradually abandoned the latter, at least from the late 1940s. Many accounts of their views are unclear, because the presence of these two kinds of analysis, their incompatibility, (...) and the gradual abandonment of one, has often been overlooked. A corollary of the discussion is that there are some important corrigenda in the entry “Naturalism in legal philosophy” in the Stanford Encyclopedia of Philosophy. (shrink)

In this paper we investigate the role of performative contradictions in legal discourse. First of all we identify the argumentative roles of performative contradictions and two possible interpretations of them. With this done, we show that one use of performative contradictions can be fruitfully applied in analysing normative speech acts implementing norm enactment, namely, those speech acts that are designed to produce new legal norms. We conclude the paper by showing that our analysis provides strong support for Robert Alexy's claim-to-correctness (...) thesis, according to which speech acts of the norm-enacting kind raise a claim to correctness. (shrink)

I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...) I argue. "If you love me, kiss me", a conditional imperative, mixes a declarative antecedent ("you love me") with an imperative consequent ("kiss me"); it is satisfied if you love and kiss me, violated if you love but don't kiss me, and avoided if you don't love me. So we need a logic of three -valued imperatives which mixes declaratives with imperatives. I develop such a logic. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...) a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

In this paper, I propose to draw attention to a specific version of non-voluntaristic imperativism, its corresponding conception of legal norm, and the framework in which it is inserted: that advocated by Scandinavian realist Karl Olivecrona. In order to carry out this analysis, I will first contextualise Olivecrona’s position and his rejection of voluntarism; briefly reconstruct his position in relation to law and legal authority; and introduce the way in which authority and legal norms are articulated as cogs in the (...) machine of law (section 2). I will then analyse in depth Olivecrona’s conception of the legal norm as an independent imperative with a suggestive character, focusing on his rejection of the norm as a mandate and the elements of this type of legal imperative (section 3). Finally, I will focus on this particular conception of norms as independent imperatives and address some problems it raises, including the problem of their identification, the obscurity of the claim that these imperatives “guide behaviour”, and the appropriateness of the category of ‘suggestive character’ (section 4). I conclude the analysis with some brief reflections on the possible usefulness of the category of independent imperatives for at least two relevant and current topics in the philosophy of law (section 5). (shrink)

Since the middle of the last century, normative language has been much studied. In particular, the normative function performed by certain sentences and by certain speech acts has been investigated in depth. Still, the normative function performed by certain physical artifacts designed and built to regulate human behaviors has not yet been thoroughly investigated. We propose to call this specific type of artifacts with normative intent ‘deontic artifacts’. This article aims to investigate this normative phenomenon that is so widespread in (...) our daily reality, but so often forgotten by scholars of norms and normativity. (shrink)

Prior’s arguments for and against seeing ‘ought’ as a copula and his considerations about normative negation are applied to the case of responsibility judgments. My thesis will be that responsibility judgments, even though often expressed by using the verb ‘to be’, are in fact normative judgments. This is shown by analyzing their negation, which parallels the behavior of ought negation.

It is argued that the distinction between the normative and the descriptive interpretation of norm sentences can be regarded as a distinction between two kinds of utterances. A norm or a directive has as its content a normative proposition. A normative utterance of a normative proposition in appropriate circumstances makes the proposition true, and an assertive utterance has as its truth-maker the norm system to which it refers. This account of norms, norm-contents, and utterances of norm sentences solves Jørgensen's problem: (...) logical relations among norms can be defined in the usual way in terms of the truth-conditions of the normative propositions which form their content. There is no distinction between the logic of norms and the logic of normative propositions; in this respect the present account differs from Carlos Alchourrón and Eugenio Bulygin's account of the logic of normative propositions. Se argumenta que la distinción entre la interpretación normativa y la descriptiva de las oraciones normativas puede ser considerada como una distinción entre dos tipos de emisiones. Una norma o directiva tiene como su contenido una proposición normativa. Una emisión normativa de una proposición normativa en circunstancias apropiadas hace verdadera la proposición y es el sistema de normas al que se refiere una emisión asertiva el que la hace verdadera. Esta concepción de normas, contenidos de normas y emisiones de oraciones normativas resuelve el problema de Jörgensen: las relaciones lógicas entre normas pueden ser definidas de manera usual en términos de las condiciones de verdad de las proposiciones normativas que forman su contenido. No hay diferencia alguna entre la lógica de normas y la lógica de proposiciones normativas; en este aspecto la presente concepción difiere de la concepción de la lógica de proposiciones normativas de Carlos Alchourrón y Eugenio Bulygin. (shrink)

Between the two horns of Jørgensen's dilemma, the authors opt for that according to which logic deals not only with truth and falsity but also with those concepts not possessing this semantic reference. Notwithstanding the “descriptive” prejudice, deontic logic has gained validity among modal logics. The technical foundation proposed consists in an abstract characterization of logical consequence. By identifying in the abstract notion of consequence the primitive from which to begin, it is possible to define the connectives - even those (...) of obligation - by means of the rules of introduction or elimination in a context of derivation. (shrink)

According to the common thinking of continental European lawyers, a rule is invalid each and every time either it was not produced in accordance with the metarules which govern the production of rules in the system, or it is inconsistent with a “superior” (higher‐ranked) rule belonging to the same system. Thus, a better understanding of the concept of invalidity demands a careful inquiry into the various kinds of meta‐rules which govern the production of rules as well as into the various (...) kinds of normative hierarchies. The paper is mainly devoted to such an analysis. Five different grounds for invalidity are distinguished. The analysis further shows that invalidity can affect rules as well as legal provisions and legal sources. Further, invalidity should be sharply distinguished from non‐existence (existence being a sufficient condition for rules to be applied). In most legal systems, invalid rules too are susceptible of judicial application: At least, until their invalidity is “declared” (in a constitutive way) by a competent organ (namely, a constitutional court, as far as statutory rules are concerned). (shrink)

El presente trabajo presenta una interpretación de los enunciados internos hartianos basada en la filosofía del lenguaje de Wittgenstein y la metodología del conocimiento social de Winch. Según esta lectura, la distinción entre enunciados internos y externos representa una forma de contextualismo en la teoría analítica del derecho. En el trabajo se defiende que el discurso descriptivo sobre lo que en un ordenamiento jurídico es obligatorio, permitido o prohibido es siempre un discurso interno respecto de los criterios de pertenencia de (...) ese ordenamiento. Además, se argumenta que esta forma de discurso interno no tiene una función ideológica sino cognoscitiva y permite aún distinguir entre cuestiones de validez y de legitimidad de las normas. (shrink)

This book presents a selection of theoretical and applied texts of Richard Hare, as well as an appendix which includes several fundamental studies for the understanding of the ethics of 20th century.

This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic (...) requirements on an appropriate conception of such norms: the actuality and the normativity requirements. On this basis, he enters into a critical discussion of Kelsen's highly influential view of norms, arguing that this view is doomed to failure. In the last part of the paper, the author scrutinizes the more promising “practice theory of norms” by H.L.A. Hart, which, in his view, also suffers from some shortcomings, but may be modified in a way that leads to a conception of social norms providing us with a plausible explication of their actual existence and their normative force. (shrink)

According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken.The Concept of Lawdoes not go beyondOn Law and Justicein so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived (...) by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward inThe Concept of LawandOn Law and Justiceare very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

The author discusses a number of issues in the theory of legal sources. The first topic is whether sources should be conceived of as acts or texts. The alternatives are connected with two competing theories of legal interpretation (viz., the cognitive theory and the sceptical theory), which entail different concepts of legal rules and law‐making. The second topic is whether a “formal” or a “material” criterion of recognition of sources should be preferred. The third section is devoted to the analysis (...) of rules of change. Four theories of rules of change are discussed, and five kinds of such rules are distinguished. The fourth section concerns judicial law‐making, with special reference to the creation of new legal rules by constitutional courts. (shrink)

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; and (...) this element of truth is not obviated by the more powerful logical techniques that are now available. (shrink)

This work offers a challenge to the orthodox view that descriptive rules are non-normative and passive in their role and usage. It does so by arguing that, although lacking in normativity themselves, descriptive rules can be sources of normativity by way of the normative attitudes that can develop around them. That is, although descriptive rules typically depict how things are, they can also play a role in how things ought to be. In this way, the limited role that this type (...) of rule can play as either a basis for the development of normative reasons, or as explanatory reasons for action is identified and clarified. One desirable outcome of the analysis is a more complete view of what descriptive rules are and how they are utilized by agents. (shrink)

Professor Dowding has written an interesting and stimulating book on the relevance (R) of general philosophical insights for the conduct of political science enquiry. In this paper, I challenge his positive analysis due to the relevance (R) difficulty. The social sciences have to struggle with a set of philosophical questions, but they hardly belong to general ontological or epistemological theories.

The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism (...) but also their equally different potentials as starting points for naturalizing jurisprudence. (shrink)

Abstract.According to the normative theory of legal science, juristic ought‐sentences describe rules, since legal science just deals with rules, and rules cannot be described but by means of ought‐sentences. The author challenges this view. Two different constructions of “describing rules” are proposed: Namely, either interpreting or stating the validity of rules. “Interpreting rules,” in its turn, can be understood in three different senses: listing all the possible meanings of rule‐formulations, reporting the different interpretations a rule‐formulation has in fact received by (...) courts, or ascribing meaning to rule‐formulations. However, the author argues that ought‐sentences are not the proper tools to accomplish such tasks. At the same time, juristic ought‐sentences cannot be understood as validity statements, since they neither mention any rule whatsoever, nor include the term “valid.” Further, if validity‐statements were ought‐sentences, their logical behaviour would reflect the logic of rules themselves. However, as the late Kelsen argued, things do not run this way, since two inconsistent ought‐sentences, if understood as validity statements, can paradoxically both be true, as well as both false. Hence, validity‐statements cannot be reduced to ought‐sentences iterating the rules which they (are supposed to) refer to. (shrink)

Kratochwil argues that a social-scientific study of the behavior of regimes, and how they exercise power, is a useful method to challenge the exaggerated view of international relations as a "normless anarchy.".

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...) understanding between participants in a project perceived by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward in The Concept of Law and On Law and Justice are very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...) rules which constitute valid performance of conventional activities. In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law. From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article. (shrink)

In this paper practical reasoning is understood in the Aristotelian sense as reasoning leading to action or to an intention to do something. Georg Henrik von Wright and a number of other philosophers have tried to assimilate certain forms of such reasoning to deductive reasoning. Many examples of practical reasoning, including some examples given by Aristotle, do not fit a deductive or quasi‐deductive model. It is argued that instances of good practical reasoning often resemble abductive rather than deductive or inductive (...) reasoning, and that the principles governing abduction, including the Principle of Economy, are applicable to practical reasoning. (shrink)

Abstract.One of the theses of the present work is that, at the strictly logical and methodological level, practical logic has neither made, nor can it make any contribution to the philosophy of law, since none of the three branches of practical logic that have been taken into account, namely, the logic of norms, deontic logic and legal logic, seems to be theoretically possible. The contribution of practical logic to the analysis of legal language is assessed in terms of both the (...) instruments of analysis elaborated by practical logic, the artificial languages, and the results obtained in two capital subjects, the negations of norms and the permissions. (shrink)

We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.

Abstract.The authors concentrate on the analysis of the concept of permission. After a general account of differing concepts of permission both with regard to different legal theories and to different legal ideologies, they argue in favour of a “radical” imperativism which leaves no place for permissive norms. Thus, in contrast with the logic of normative language (LNL) purported by Alchourrón and Bulygin, the authors figure out a system of deontic logic ‐ supplemented by devices of the possible world semantics ‐ (...) according to which a normative system (N) is conceived as a set of logical consequences of a certain finite set of basic obligations and no room is left either for the concept of weak permission or for the concept of strong permission. Finally the authors raise some criticisms concerning the view maintained by Alchourron and Bulygin on strong permission.*. (shrink)

Although the notion of constitutive rule has played an important role in the metaphysical debate in social and legal philosophy, several authors perceive it as somewhat mysterious and ambiguous: the idea of a specific kind of rules that are supposed to be “magically” constitutive of reality seems suspicious, more a rationalistic fiction than a genuine explanation. For these reasons, reductionist approaches have been put forward to deflate the explanatory role of this notion. In this paper, I will instead try to (...) defend constitutive rules. My thesis is that the notion of constitutive rule is explanatorily helpful because it gives a complete account of an important phenomenon in the social and legal domain, namely, that of artifactual entities endowed with statuses that can have emergent normative properties. Conceiving of these entities as rule-constituted artifacts is an important part of what H. L. A. Hart called “the internal point of view” toward law, and for this reason constitutive rules should be included in an explanation of that point of view as an integral part of the life of institutions. The structure of my argument will be as follows. First, I will provide an example of an important phenomenon in the internal point of view, namely, the fact that individuals can have normative reactions not about the specific regulation of an institution but about its underlying purpose and rationale—what in the legal domain is called the ratio of a norm. Then I will identify two reductionistic approaches on constitutive rules. The first approach is exemplified by Brian Epstein’s idea that the phenomena explained by constitutive rules are better explained in terms of metaphysical (grounding/anchoring) relations. The second kind of reductionism is instead exemplified by the idea (held by several authors, among whom Alf Ross, Riccardo Guastini, Frank Hindriks, and Francesco Guala) that the phenomena explained by constitutive rules can be accounted for in terms of regulative rules plus a certain terminology. I will try to show that neither of these approaches can explain normative reactions to the ratio of an institution from an internal point of view: While the first cannot explain the fact that the reaction is strongly normative, the second cannot explain the fact that the reaction is about the ratio of a normative entity. Constitutive rules can instead explain both things and should be preserved as an important notion for the analysis of institutional ontology. By way of constitutive rules we create something: immaterial, rule-based institutional artifacts that can have emergent normative properties. (shrink)

This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules as (valid) (...) fictions can be known and understood in their linguistic form. How is meaning attributed to the legal words and how do these words relate to the world of fact? Taking an institutional-pragmatic approach as a starting point, an analytical model is created that can be used as an instrument for the relationship between legal rules as thought objects existing only in the mind, and legal rules as observable conduct. This model seeks to revise the classical models of legal communication that basically focus on the unilateral flow of legal information between ‘senders and receivers’ and their claim of linear causality between rules and conduct. The model here constructed in the theoretical part is then applied to several case studies, in order to analyze the construction of meaning in actual use. Two fundamental rights—the older codified in 1798 and the more recent codified in 1983—in the Dutch Constitution have been analyzed using the model as an instrument. Further, the remarkable shifts in article 96 of the Constitution, the declaration of war, and its consequences, resulting in a new category of war—the armed conflict—have been analyzed, as well as the phenomenon of ‘peacekeeping missions’ involving actual warfare. The new war terminology has created vagueness with respect to the clear-cut division between war and peace, which has been reflected in several cases before Court, including the Eric O. case. The present analysis of the case studies indicates that the model was not in all cases completely tailored to the facts: for example, in the case study on article 96 a broad spectrum of observable legal and non-legal actors dominated the facts in such a way that the model did not fully cover it. The observations on my book by the three respondents in this special issue have contributed to the adaptation and extension of the model. In the Postscript my responses suggest some ways in which their ideas can be implemented. (shrink)

This article proposes a systematic application of recent developments in the logic of preference to a number of topics in deontic logic. The key junction is the well-known Hansson conditional for dyadic obligations. These conditionals are generalized by pairing them with reasoning about syntactic priority structures. The resulting two-level approach to obligations is tested first against standard scenarios of contrary-to-duty obligations, leading also to a generalization for the Kanger-Anderson reduction of deontic logic. Next, the priority framework is applied to model (...) two intuitively different sorts of deontic dynamics of obligations, based on information changes and on genuine normative events. In this two-level setting, we also offer novel takes on vexed issues such as the Chisholm paradox and modelling strong permission. Finally, the priority framework is shown to provide a unifying setting for the study of operations on norms as such, in particular, adding or deleting individual norms, and even merging whole norm systems in different manners. (shrink)

Abstract.The author gives a short survey of the different methods which have been proposed to deal with the logic of norm sentences on the basis of logical systems of descriptive language: deontic logic, logic of norms as an isomorphism of propositional logic, restriction of logical relations to the propositional content of norm sentences, transformation of norms into sanction sentences, preference interpretation of norm sentences, double interpretation of ought‐sentences and the use of the descriptive interpretation as a tool for establishing the (...) logic of norms, proposition about norms in the place of normative logic, the logic of admissible worlds, postulates addressed to the rational lawgiver and technical ought as a substitute for nor‐mological considerations. A critical analysis of these attempts may prove them inappropriate, but it is not sufficient to prove the impossibility of any method of founding normative logic on systems of a descriptive language. Therefore the author adds a general consideration on the chances of such approaches. (shrink)

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. (shrink)

In order to design and implement electronic institutions that incorporate norms governing the behavior of the participants of those institutions, some crucial steps should be taken. The first problem is that human norms are (on purpose) specified on an abstract level. This ensures applicability of the norms over long periods of time in many different circumstances. However, for an electronic institution to function according to those norms, they should be concrete enough to be able to check them run time. A (...) second problem is that norms describe which behavior is desirable and permitted, but not how this is achieved in an institution. In the “real world" regulations often indicate procedures for implementing and enforcing the law. Likewise we should devise means to annotate the norms with practical aspects such as enforcement mechanisms, sanctions, etc. in order to get requirements for an institution that will enforce norms (by either constraining behavior within the norms or reacting to violation of the norms). The choice of which kind of mechanism is chosen is not a normative one, but usually based on criteria of efficiency and/or feasibility of the mechanism. In this paper we present our view on how to approach these problems and other related issues to be solved in order to develop e-institutions capable to operate in complex, highly regulated scenarios. (shrink)

This paper generalises classical revision theory of the AGM brand to sets of norms. This is achieved substituting input/output logic for classical logic and tracking the changes. Operations of derogation and amendment—analogues of contraction and revision—are defined and characterised, and the precise relationship between contraction and derogation, on the one hand, and derogation and amendment on the other, is established. It is argued that the notion of derogation, in particular, is a very important analytical tool, and that even core deontic (...) concepts such as that of permission resists a satisfactory analysis without it. By way of illustration the last section of the paper analyses the much debated concept of positive permission, of which there turns out to be more than one kind. (shrink)

El ensayo que presento intenta establecer la unidad conceptual entre las llamadas normas regulatorias y las normas de competencia. Para ello se hace una construcción conceptual de la norma jurídica y del orden jurídico, cuando existe una pluralidad de normas. Con base en ello se ofrece un esquema del orden jurídico que comprende tanto a las normas regulatorias como a las de competencia, estableciendo la unidad entre ambas clases de normas, considerando que las normas regulatorias son una parte de las (...) normas de competencia, en tanto determinan el contenido de las normas inferiores creadas en el ejercicio de facultades jurídicas. The essay here presented tries to establish the conceptual unity between regulatory and empowerment norms. To that effect the path taken must be to carry out a conceptual construction of the legal norm and the legal order, when there exists a plurality of norms. Thereafter, one offers an outline of the legal order that encloses both regulatory and empowerment norms, thus establishing the unity between the latter two. Furthermore, one considers that regulatory norms are a subset of empowerment norms, so far as they determine the content of inferior norms created in the exercise of legal faculties. (shrink)

Kratochwil argues that a social-scientific study of the behavior of regimes, and how they exercise power, is a useful method to challenge the exaggerated view of international relations as a “normless anarchy.” By showing how “expectations” dictate action in international affairs, his method asserts the existence of a universal force among nations.

This article describes an ontological model of norms. The basic assumption is that a substantial part of a legal system is grounded on the concept of agency. Since a legal system aims at regulating a society, then its goal can be achieved only by affecting the behaviour of the members of the society. We assume that a society is made up of agents (which can be individuals, institutions, software programs, etc.), that agents have beliefs, goals and preferences, and that they (...) commit to intentions in order to choose a line of behaviour. The role of norms, within a legal system, is to specify how and when the chosen behaviour agrees with the basic principles of the legal system. In this article, we show how a model based on plans can be the basis for the ontological representation of norms, which are expressed as constraints on the possible plans an agent may choose to guide its behaviour. Moreover, the paper describes how the proposed model can be linked to the upper level of a philosophically well-founded ontology (DOLCE); in this way, the model is set in a wider perspective, which opens the way to further developments. (shrink)