Metanormative Principles and Norm Governed Social Interaction

Revus - Journal for Constitutional Theory and Philosophy of Law (2014) 22. 105-120

17 Pages Posted: 3 May 2014 Last revised: 11 Jul 2014

See all articles by Berislav Žarnić

Berislav Žarnić

University of Split

Gabriela Bašić

University of Rijeka - Faculty of Social Sciences and Humanities

Date Written: May 1, 2014

Abstract

Critical examination of Alchourrón and Bulygin’s set-theoretic definition of normative system shows that deductive closure is not an inevitable property. Following von Wright’s conjecture that axioms of standard deontic logic describe perfection-properties of a norm-set, a translation algorithm from the modal to the set-theoretic language is introduced. The translations reveal that the plausibility of metanormative principles rests on different grounds. Using a methodological approach that distinguishes the actor roles in a norm governed interaction, it has been shown that metanormative principles are directed second-order obligations and, in particular, that the requirement related to deductive closure is directed to the norm-applier role rather than to the norm-giver role. The approach has been applied to the case of pure derogation yielding a new result, namely, that an independence property is a perfection-property of a norm-set in view of possible derogation. This paper in a polemical way touches upon several points raised by Kristan in his recent paper.

Keywords: normative system, standard deontic logic, metanormative principles, derogation, G. H. von Wright

Suggested Citation

Žarnić, Berislav and Bašić, Gabriela, Metanormative Principles and Norm Governed Social Interaction (May 1, 2014). Revus - Journal for Constitutional Theory and Philosophy of Law (2014) 22. 105-120. Available at SSRN: https://ssrn.com/abstract=2431919

Berislav Žarnić (Contact Author)

University of Split ( email )

Cvite Fiskovica 5
Split, 21000
Croatia

Gabriela Bašić

University of Rijeka - Faculty of Social Sciences and Humanities ( email )

Hahlic 6
Rijeka, 51000
Croatia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
20
Abstract Views
259
PlumX Metrics