from University of Tokyo 1S Law and Society
Purpose Programs and Condition Programs
- Purpose Programs:
- There is an interpretation that it is an order not to kill people.
- However, Vesting criticizes this and argues that it is simply an instruction on how judges should make their judgments.
- Condition Programs:
- For example, “If you kill someone, you will be sentenced to death.”
- It takes the form of “if ~ then ~.”
- Luhmann:
- Luhmann argues that Purpose Programs are not desirable and everything should be Condition Programs.
- According to him, Purpose Programs make the system too open, and it should be more closed.
- He claims that everything can be translated into Condition Programs.
- Vesting:
- Vesting criticizes Luhmann’s argument.
- It is true that logically everything can be translated into Condition Programs.
- However, translating everything into Condition Programs disregards the background information on which the law is based.
- This can cause us to lose sight of the functions that each proposition serves, which is not good.
- Why are we discussing “should” (ought) in sociological legal theory (academic system)?
- When I asked the professor about this, they explained that Luhmann’s argument is not exactly about the “should” (ought) of everything being Condition Programs, but rather about what constitutes a well-functioning legal system.
- I see, I understand now.
- It still feels like it’s being wrapped up in words, but well, I guess I can accept it.