On the Constitutive Force of Regulative Rules
The paper deals with the problem of delimitation of regulative and constitutive rules. I argue that while regulative rules are and remain a genus of their own, they do have a constitutive import, because they (i) define new forms of behaviour (behaviour compliant with them), (ii) take constituted e...
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| Format: | article |
| Langue: | EN FR IT |
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Rosenberg & Sellier
2016
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| Accès en ligne: | https://doaj.org/article/06c5d72c71414b1aa4a55ebca44afe5c |
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| Résumé: | The paper deals with the problem of delimitation of regulative and constitutive rules. I argue that while regulative rules are and remain a genus of their own, they do have a constitutive import, because they (i) define new forms of behaviour (behaviour compliant with them), (ii) take constituted entities as “input”, (iii) redefine old forms of behaviour as such to which a deontic modality applies and (iv) help to carve out new possibilities of behaviour from a continuum of only potentially distinguishable possibilities.
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