Norm and conduct, the problem of the "fulfilment" of the norm

Kazimierz Opałek

pp. 255-261

in: Kazimierz Opałek, Selected papers in legal philosophy, Berlin, Springer, 1999

Abstrakt

"Relational statements' about conduct as consistent resp. inonsistent with the norm ("fulfiling" the norm, or not) play an important role in legal reasoning¹. These statements are, according to some authors, statements in logical sence, as giving an "objective account" of the consistency resp. inconsistency of the conduct with the "pattern of due behaviour" constituting the meaning of the norm². In others authors' opinion, however, the relation in question is that of the normative (legal) qualification of the conduct, and "relational statements' discussed here constitute a subspecies of value statements (those of "legal valuation") as sui generis statements, differing from those in logical sence³. The problem is worth investing, as a through explanation of the character of these statements would contribute to current discussions about legal reasonings, claimed either logical in the sence proper resp. in some wider, inarticulate sense, or non-logical, having some peculiar traits of their own⁴.