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The Legal OrderNormative Modalities

The Legal Order: Normative Modalities [Every legal rule contains a normative modality (“obligatory”, “permitted”, “prohibited”). In this chapter the nature of such modalities is discussed. It is argued that they possess a semantic meaning. The role of modalities in general (not only deontic ones) is investigated. The analysis is premised on the idea that, from a starting point where all possible alternatives are available, and with respect to normative modalities all possible alternatives are also permitted, the operation of modalities consists in blocking some alternatives. For instance, obligation is characterised as follows: Pp is accepted; ~Pp is blocked; P~p is blocked, and ~P~p is accepted.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Legal OrderNormative Modalities

Part of the Law and Philosophy Library Book Series (volume 123)
Frändberg, Åke
The Legal Order — Aug 17, 2018
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Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG, part of Springer Nature 2018
ISBN
978-3-319-78857-9
Pages
97 –106
DOI
10.1007/978-3-319-78858-6_5
Publisher site
See Chapter on Publisher Site

Abstract

[Every legal rule contains a normative modality (“obligatory”, “permitted”, “prohibited”). In this chapter the nature of such modalities is discussed. It is argued that they possess a semantic meaning. The role of modalities in general (not only deontic ones) is investigated. The analysis is premised on the idea that, from a starting point where all possible alternatives are available, and with respect to normative modalities all possible alternatives are also permitted, the operation of modalities consists in blocking some alternatives. For instance, obligation is characterised as follows: Pp is accepted; ~Pp is blocked; P~p is blocked, and ~P~p is accepted.]

Published: Aug 17, 2018

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