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arXiv · 2110.04454

Dynamic Logic of Legal Competences

Huimin Dong·Olivier Roy
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Abstract

We propose a new formalization of legal competences, and in particular for the Hohfeldian categories of power and immunity, through a deontic reinterpretation of dynamic epistemic logic. We argue that this logic explicitly captures the norm-changing character of legal competences while providing a sophisticated reduction of the latter to static normative positions. The logic is completely axiomatizable, and we apply it to a concrete case in German contract law to illustrate that it can capture the distinction between legal ability and legal permissibility.

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Huimin Dong, Olivier Roy. 2021-10-09. Dynamic Logic of Legal Competences. https://doi.org/10.1007/s10849-021-09340-z

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