Argumenta 4,1 (2018): 9-19 © 2018 University of Sassari
ISSN 2465-2334 DOI 10.14275/2465-2334/20187.int
The Background of Constitutive Rules
Introduction
Giuseppe Lorini* and Wojciech Żełaniec**
* University of Cagliari
** University of Gdańsk
1. Two Revolutions in the Philosophy of Norms
In the twentieth century two revolutionary turns were accomplished in the phil-
osophical research on norms and normativity: The first was the creation of a
full-fledged deontic logic, a decade-long development which went through stag-
es
1
before it culminated in the publication of the essay “Deontic Logic” by
Georg Henrik von Wright in 1951. The second was the conceiving of the idea of
a constitutive rule. The first turn opened a new field of study, to wit that con-
cerning logical relations between norms (recall e.g. the question asked by von
Wright (1951: 5) if there are any “logical truths peculiar to deontic concepts”)
and the logical structure of norms themselves; the second, by contrast, had con-
sequences for the typological research of norms, the analysis of the functions
that a norm can perform, and hence also the extension of normativity as such,
that is, the inclusion in the extension of “normativity” of such phenomena as
would not have been considered normative before the invention (or the discov-
ery) of constitutive rules.
The present special issue of Argumenta, entitled “The Background of Consti-
tutive Rules”, is devoted to some aspects of that second revolution in the philos-
ophy of norms, accomplished in the past century. It consisted, as we have briefly
said, in putting forward the hypothesis that, beside the traditional roles of rules
in regulating human behaviour by bestowing upon it deontic qualifications such
as “obligatory”, “prohibited”, “permitted” or “facultative”, some rules may well
influence our life in a more radical manner, viz. changing the ontological and
conceptual structure of our everyday world. Aside from the function of giving
prescriptions and regulating (in the strict sense of this word, i.e. presupposing
that that which is to be regulated already exists or at least is conceivable), a new
normative function is revealed: the “constitutive” one. New ground is about to
1
Regrettably, a true history of deontic logic has still to be written. However, in the words
of Morscher (1975: 255), the book by Kalinowski (1972b) “könnte ebensogut den Titel ‘Ge-
schichte der Normenlogik’ tragen” (could just as well have been entitled “A History of the
Logic of Norms”), i.e. deontic logic, more or less. The German translation (Kalinowski
1972a) by Wolfgang Klein is in certain respects improved (by the translator).