Логика. Деонтическая модальность (самое важное)

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Логика. Деонтическая модальность (самое важное)

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32. DEONTIC MODALITY

Deontic (from Greek - duty) modality - it is a request, advice, order or instruction expressed in a judgment that encourages someone to take specific actions.

Among the prescriptions, it is necessary to single out normative prescriptions, including the rules of law.

Among the rules of law there are:

1) law-binding, 2) law-prohibiting and 3) law-granting.

1. Legally binding norms are formulated using the words: obligated, must, must, recognized, etc.. Thus, one of the procedural requirements states: “The preliminary investigation in criminal cases must be completed no later than within two months.” An example from civil law: “The organization is obliged to compensate for damage caused due to the fault of its employees in the performance of their labor (official) duties.”

Grammatically, legal obligation can also be expressed in the form of a statement, for example: "The prosecutor oversees the legality of initiating a criminal case." In this case, the duty of the prosecutor to exercise supervision is meant. In the same way: "The verdict is passed in the name of the Russian Federation" - should be understood as an obligation and obligation, and not as a statement of fact.

2. Prohibitory norms are formulated using the words: prohibited, not entitled, cannot, not allowed, etc.. For example: “It is prohibited to solicit testimony from the accused through violence, threats and other illegal measures.” Criminal proceedings provide: “No one may be arrested except by order of the court or the sanction of the prosecutor.” 3.

Law-providing norms are formulated using the words: has the right, can have, can apply, etc..

For example: "The tenant of the residential premises has the right to terminate the contract at any time." Another rule reads: "A person who has handed over things for storage has the right to demand them back at any time." The criminal law prescribes: "Any citizens who are not interested in the case can be called as witnesses," etc.

Obligation and prohibition can be expressed through each other: the obligation to perform a certain action is equivalent to the prohibition not to perform it.

A rationally constructed legal and regulatory system must satisfy the minimum modal deontic requirements:

1) consistency;

2) balance;

3) completeness.

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