We provide a formal definition of normative systems, which is compatible with different conceptions of the relation between law and morality. We embed a model for balancing values into an architecture of i/o logics representing conceptual, deontological and axiological rules. In particular, we provide a formal representation of three versions of the so-called Radbruch’s formula, according to which legal obligations hold unless they reach a certain degree of immorality. Accordingly, we define eight different entailment relations, which correspond to eight different legal theories concerning the relation between law and morality.
Maranhao, J., Sartor, G. (2021). Interpretative Normative Systems. Rickmansworth : COLLEGE PUBLICATIONS.
Interpretative Normative Systems
Juliano Maranhao;Giovanni Sartor
2021
Abstract
We provide a formal definition of normative systems, which is compatible with different conceptions of the relation between law and morality. We embed a model for balancing values into an architecture of i/o logics representing conceptual, deontological and axiological rules. In particular, we provide a formal representation of three versions of the so-called Radbruch’s formula, according to which legal obligations hold unless they reach a certain degree of immorality. Accordingly, we define eight different entailment relations, which correspond to eight different legal theories concerning the relation between law and morality.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.