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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 …