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Contrary-to-duty obligations
Authors:Henry Prakken  Marek Sergot
Affiliation:(1) Computer/Law Institute, Free University Amsterdam, De Boelelaan 1105, 1081 HV Amsterdam;(2) Department of Computing, Imperial College of Science Technology and Medicine, 80 Queen's Gate, SW7 2BZ London
Abstract:We investigate under what conditions contrary-to-duty (CTD) structures lacking temporal and action elements can be given a coherent reading. We argue, contrary to some recent proposals, that CTD is not an instance of defeasible reasoning, and that methods of nonmonotonic logics are inadequate since they are unable to distinguish between defeasibility and violation of primary obligations. We propose a semantic framework based on the idea that primary and CTD obligations are obligations of different kinds: a CTD obligation pertains to, or pre-supposes, a certain context in which a primary obligation is already violated. This framework is presented initially as an extension of Standard Deontic Logic (SDL), a normal modal logic of type KD, and is illustrated by application to a series of examples. The concluding section is concerned with some resemblances between CTD and defeasible reasoning. We show first that the SDL-based framework contains a flaw and must be adjusted. A discussion of possible adjustments, including an alternative treatment in terms of a preference-based semantics, reveals difficulties that are reminiscent of problems in defeasible reasoning and intensional accounts of defeasible conditionals.
Keywords:deontic logic  deontic conditionals  contrary-to-duty obligations  reparational obligations  formalisation of norms
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