On guilt, responsibility, and punishment

ROSS, ALF

Stevens & Sons

On Guilt, Responsibility, and Punishment

Univ. Of California Pr.

Reprint of the 1959 edition. Originally published: Berkeley: University of California Press, 1959. xi, 383 pp. In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).

On Law and Justice

Legal Theory & Systems

Reprint of the first American edition. 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 CONTENTSPreface I Introduction1.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 foundation3. 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 logicII Indicative SpeechIII Directive Speech13. 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 moralityIV The Concept of a Norm21. A norm is to be defined as a directive which corresponds in a particular way to certain social factsV An Analysis of the Elements of a Norm27. 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 disputed28. Comments on the table of legal modalities29. It is possible to interpret the legal modalities in such a way that they have, to some extent, an application to non-legal normative discourseVI Deontic Logic37. Following Weinberger, the principles of deontic logic are interpreted as postulates defining directive speech. Validity is not on an equal footing with truth but is derived from the concept of acceptance common to both ramifications of logicIndex

Directives and norms (International library of philosophy and scientific method)

Politics & Social Sciences

Philosophy

Routledge & Kegan Paul PLC

<p>Reprint of the 1959 edition. Originally published: Berkeley: University of California Press, 1959. xi, 383 pp. In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).</p>

Lawbook Exchange, Ltd.

Directives and Norms

Sobre El Derecho y La Justicia (Spanish Edition)

Reference

Foreign Language Study & Reference

Varios

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