PUBLISHING | ARTICLE

Theory and Philosophy of Law

Conceptual norms: contrasting theories

Book title / Magazine:
Isonomia
External Author(s):
David Duarte
Within the scope of the Project:
Lisbon Legal Theory
Research Areas:
Theory of Law
Bibliographic reference:
DUARTE, D. 2023. Conceptual Norms: Contrasting Theories. Isonomia. 58. 32-56.
Research Group(s):
Theory and Philosophy of Law
Year: 2022

Synopsis

Mainstream accounts of conceptual norms depict them as a specifc kind of (sub) norms in as much as they establish a certain equivalence without making reference to an action-type, which implies also that they lack a deontic modalization. However, such non-prescriptive explanation raises some serious problems, mainly when it is assumed that the introduction of a conceptual norm into a normative system changes the content of the system. Those problems pave the way to contrast such explanation with a prescriptive alternative according to which conceptual norms are regulative in character, though with the peculiarity of addressing the mental action of qualifying something in accordance with a given equivalence. All-things-considered, from such contrast it seems to follow that the prescriptive explanation is less problematic than the non-prescriptive one

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