DocumentCode
1584231
Title
Giving permission implies giving choice
Author
Royakkers, L.M.M.
Author_Institution
Fac. of Technol. Manage., Eindhoven Univ. of Technol., Netherlands
fYear
1997
Firstpage
198
Lastpage
203
Abstract
When we want to examine different kinds of forms of acts within the framework of the description of the Dutch criminal law, whether an act is permitted or not permitted, we can encounter a difference. On the one hand, it could be the case that a certain act is permitted by a competent normative authority. On the other hand, it could be the case that in the Dutch criminal law a certain act is weak permitted without a competent normative authority having enacted that permission. The article presents the formalisation of the weak and strong permission in deontic logic based on the logic of enactment. A permission that follows from the absence of a prohibition, we call a weak permission; this permission is not enacted. A strong permission is always enacted (implicitly or explicitly), and implies a giving choice. The distinction between these two types of permission is a consequence of the universality of a normative system by the closure rule: ´whatever is not forbidden, is permitted´.
Keywords
formal logic; knowledge based systems; law administration; Dutch criminal law; choice; closure rule; competent normative authority; deontic logic; enactment logic; normative system universality; strong permission; weak permission; Criminal law; Data security; Databases; Fault tolerance; Legal factors; Legislation; Logic; Permission; Technology management;
fLanguage
English
Publisher
ieee
Conference_Titel
Database and Expert Systems Applications, 1997. Proceedings., Eighth International Workshop on
Conference_Location
Toulouse, France
Print_ISBN
0-8186-8147-0
Type
conf
DOI
10.1109/DEXA.1997.617269
Filename
617269
Link To Document