Normative Modalities

Abstract

Every legal rule contains a normative modality (“obligatory”, “permitted”, “prohibited”). In this chapter the nature of such modalities is discussed. It is argued that they possess a semantic meaning. The role of modalities in general (not only deontic ones) is investigated. The analysis is premised on the idea that, from a starting point where all possible alternatives are available, and with respect to normative modalities all possible alternatives are also permitted, the operation of modalities consists in blocking some alternatives. For instance, obligation is characterised as follows: Pp is accepted; ~Pp is blocked; P~p is blocked, and ~P~p is accepted.