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Full-Text Articles in Jurisprudence
The Difference Between Obedience Assumed And Obedience Accepted, Christian Dahlman
The Difference Between Obedience Assumed And Obedience Accepted, Christian Dahlman
Christian Dahlman
The analysis of legal statements that are made from an “internal point of view” must distinguish statements where legal obedience is accepted from statements where legal obedience is only assumed. Statements that are based on accepted obedience supply reasons for action, but statements where obedience is merely assumed can never provide reasons for action. It is argued in this paper that John Searle neglects this distinction. Searle claims that a statement from the internal point of view provides the speaker with reasons for actions that are “self-sufficient” in the sense that they are independent of the speaker's beliefs and desires. …
Adjudicative And Epistemic Recognition, Christian Dahlman
Adjudicative And Epistemic Recognition, Christian Dahlman
Christian Dahlman
No abstract provided.
Fused Modality Or Confused Modality, Christian Dahlman
Fused Modality Or Confused Modality, Christian Dahlman
Christian Dahlman
According to Svein Eng there are propositions concerning the law which are descriptive as well as normative, but cannot be separated into one descriptive and one normative proposition. Eng calls these propositions “fused” (“sammensmeltede”). In Eng's theory a proposition with “fused modality” is partly descriptive and partly normative, but cannot be classified as a separable combination of a claim about what the law “is” and a claim about what the law “ought to be.” In a “fused” proposition modality is a question of “degree.” The purpose of this article is to show why Eng's theory should be rejected. The introduction …