Article | Legal Norms, Logic and Truth |
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Authors | Bulygin E. |
Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1-2 / 2015 |
Pages | 298 - 311 |
Annotation | The article deals with the problem of revealing the relationship between the legal norms and the concept of truth, or searching for an answer to the question of whether the law is objectively true. The main thesis is that the law (as well as the norms of morality) is prescriptive, not descriptive, and consequently, can be neither true norfalse. But assertions about existence of such norms (normative propositions) are always true or false. It is showed in a polemic with H. Kelsen, R. Dworkin and J. Raz how mixture of norms and normative proposals leads to erroneous theories, for example, to belief that the law can not have gaps and contradictions. While the author’s opinion is that positive law can contain gaps and contradictions, and the law order is based on the general agreement on the concept of law. |
Keywords | norms, normative assertions, deontic logic, truth, objectivity of law, law and morality. |
References | |
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