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Permissibility and Violable Rules

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Abstract

From a logical point of view, permissibility can be reduced to possibility by introducing demands which can be met. The alleged reduction is circular from a philosophical perspective, however, because demands are fundamentally deontic. This paper solves this problem by replacing demands which can be met with rules which can be satisfied and violated.

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Notes

  1. Unlike von Wright (1951), but in line with von Wright (1968), I will consider propositions rather than types of act.

  2. Note, however, that an operator like ‘It ought to be the case that’ is non-trivially different to O. I gloss over this, for convenience, here.

  3. SDL has its roots in von Wright (1951), who used types of acts, rather than propositions, as variables. The move to using propositions was made by the likes of Prior (1962), Anderson (1956), and Kanger (1957).

  4. Note that this avoids the need for an axiom □p →~□~p, which would be equivalent to Op → ~O~p in SDL. For more on this, and on the highly similar approach of Anderson (1958), see McNamara (2006: Section 3.1).

  5. In any given case, demands in dimension A which are not relevant will be vacuously satisfied or satisfied in the background.

  6. Prima facie, a more controversial consequence is that it cannot be legally necessary to do something unless it is also physically possible. As we will see, however, all my view requires is that if there is part of the legally possible that is not subsumed by any other form of possibility, then that part of the legally possible is normatively defunct. So even if it is accepted that it can be legally necessary to do X when it is physically impossible to do X, it would not be legally obligatory.

  7. Note the desirable consequence that one can obey an ethical rule for non-ethical reasons.

  8. Note we can individuate the type of a reason by the end to which it is directed, generally, because ‘doing what some demander wants’ can be an end.

  9. On a related note, it may also be necessary to deny the distinction between regulative and constitutive rules, introduced by Rawls (1955). This is challenged by Ruben (1997).

  10. A related issue, which I avoid for the sake of clarity, is whether one can play chess, say, without intending to do so. The account here is consistent with the view that one cannot.

  11. I am grateful to Peter Baumann for comments on an earlier version of this paper.

References

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Correspondence to Darrell P. Rowbottom.

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Rowbottom, D.P. Permissibility and Violable Rules. Philosophia 36, 367–374 (2008). https://doi.org/10.1007/s11406-007-9113-5

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