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
Date Written: May 1, 2014
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
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