Book #54608
Item #54608 Directives and Norms. Alf Ross, Brian Loar.

Directives and Norms.

One of Ross's Principal Works Ross, Alf Directives and Norms. New York: Humanities Press, [1967]. ix, 188 pp. Reprinted 2009 by The Lawbook Exchange, Ltd. ISBN-13: 9781584779612. ISBN-10: 1584779616. Hardcover. New. $65. * Reprint of the first American edition. One of the most interesting jurists of the post-World War II era, Alf Ross [1899-1979] was a legal and moral philosopher, scholar of international law and the leading representative of Scandinavian Legal Realism. This book and On Law and Justice (1958) are his principal works. In Directives and Norms Ross asks whether imperatives (or, to use his term, 'directives') are subject to logic in the same way as indicatives. He shows the difference between indicative and directive discourse and explains the concepts 'directive' and 'norm' as they function in the social sciences, especially in the study of law. A contemporary essay in the Modern Law Review (32:544), though critical of this work, was still impressed by its "clear and convincing account" of these processes. SELECTED CONTENTS Preface I Introduction 1.Traditionally a distinction has been made between `theoretical' and `practical' discourse. It remains undecided, however, what the subject of this distinction is, and what is its foundation 3. Indicative and directive speech are distinguished. It is the aim of this study to explicate the concepts `directive' and `norm' on the basis of this distinction, and to help lay a foundation for deontic logic II Indicative Speech III Directive Speech 13. Directives which are impersonal and heteronomous are called quasi-commands. They include (1) legal rules; and (2) conventional rules (conventional morality, courtesy and decency) 15. Impersonal directives which are autonomous comprise the principals and judgments of personal morality IV The Concept of a Norm 21. A norm is to be defined as a directive which corresponds in a particular way to certain social facts V An Analysis of the Elements of a Norm 27. In a formalize language the directive operator is expressed by the word "obligation." In legal language a number of other derivative modal expressions are used. Von Wright's assertion that `permission' cannot be defined as the negation of obligation is disputed 28. Comments on the table of legal modalities 29. It is possible to interpret the legal modalities.

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Book number 54608

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