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(1999) Selected papers in legal philosophy, Dordrecht, Springer.
"Relational statements' about conduct as consistent resp. inonsistent with the norm ("fulfiling" the norm, or not) play an important role in legal reasoning1. These statements are, according to some authors, statements in logical sence, as giving an "objective account" of the consistency resp. inconsistency of the conduct with the "pattern of due behaviour" constituting the meaning of the norm2. In others authors' opinion, however, the relation in question is that of the normative (legal) qualification of the conduct, and "relational statements' discussed here constitute a subspecies of value statements (those of "legal valuation") as sui generis statements, differing from those in logical sence3. The problem is worth investing, as a through explanation of the character of these statements would contribute to current discussions about legal reasonings, claimed either logical in the sence proper resp. in some wider, inarticulate sense, or non-logical, having some peculiar traits of their own4.
Publication details
DOI: 10.1007/978-94-015-9257-4_17
Full citation:
Opałek, K. (1999)., Norm and conduct, the problem of the "fulfilment" of the norm, in K. Opałek, Selected papers in legal philosophy, Dordrecht, Springer, pp. 255-261.
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