{"title":"承认规则真的是强制义务规则吗?","authors":"Laurenz Ramsauer","doi":"10.4337/jlp.2023.02.01","DOIUrl":null,"url":null,"abstract":"According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the dual function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe more than an epistemic function to the rule of recognition. Accordingly, the norms deriving immediately from the rule of recognition are no different than those entailed by other epistemic, grammatical or syntactic norms. Consequently, accounts of the normativity of law need not explain how social practices like conventions or plans might impose duties on the officials of a legal system.","PeriodicalId":41811,"journal":{"name":"Rivista di Filosofia del Diritto-Journal of Legal Philosophy","volume":"2 1","pages":"0"},"PeriodicalIF":0.3000,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Is the rule of recognition really a duty-imposing rule?\",\"authors\":\"Laurenz Ramsauer\",\"doi\":\"10.4337/jlp.2023.02.01\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the dual function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe more than an epistemic function to the rule of recognition. Accordingly, the norms deriving immediately from the rule of recognition are no different than those entailed by other epistemic, grammatical or syntactic norms. Consequently, accounts of the normativity of law need not explain how social practices like conventions or plans might impose duties on the officials of a legal system.\",\"PeriodicalId\":41811,\"journal\":{\"name\":\"Rivista di Filosofia del Diritto-Journal of Legal Philosophy\",\"volume\":\"2 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2023-10-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Rivista di Filosofia del Diritto-Journal of Legal Philosophy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4337/jlp.2023.02.01\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"PHILOSOPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Rivista di Filosofia del Diritto-Journal of Legal Philosophy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4337/jlp.2023.02.01","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
Is the rule of recognition really a duty-imposing rule?
According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the dual function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe more than an epistemic function to the rule of recognition. Accordingly, the norms deriving immediately from the rule of recognition are no different than those entailed by other epistemic, grammatical or syntactic norms. Consequently, accounts of the normativity of law need not explain how social practices like conventions or plans might impose duties on the officials of a legal system.
期刊介绍:
The Rivista di Filosofia del diritto (Journal of Legal Philosophy) publishes highly qualified scientific contributions on matters related to Philosophy and Theory of Law, Legal Sociology and related fields of research. Its publication is promoted by the Italian Association for Legal Philosophy (Italian Section of the Internationale Vereinigung für Rechts- und Sozialphilosophie), being its Official journal. It is aimed also at promoting the encounter and exchange between Italian and foreign legal-philosophical traditions. Two issues per year will be published, and articles submitted will be reviewed under the best European standards of evaluation.