Dynamic Logic of Legal Competences

• URL: http://arxiv.org/abs/2110.04454v1
• Date: Sat, 9 Oct 2021 04:43:43 GMT
• Title: Dynamic Logic of Legal Competences
• Authors: Huimin Dong and Olivier Roy
• Abstract summary: We argue that this logic explicitly captures the norm-changing character of legal competences. We apply it to a concrete case in German contract law to illustrate that it can capture the distinction between legal ability and legal permissibility.
• Score: 0.0
• License: http://creativecommons.org/licenses/by-nc-nd/4.0/
• Abstract: We propose a new formalization of legal competences, and in particular for the Hohfeldian categories of power and immunity, through a deontic reinterpretation of dynamic epistemic logic. We argue that this logic explicitly captures the norm-changing character of legal competences while providing a sophisticated reduction of the latter to static normative positions. The logic is completely axiomatizable, and we apply it to a concrete case in German contract law to illustrate that it can capture the distinction between legal ability and legal permissibility.

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