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76 BOOK REVIEW paratus that is an important contribution to legal ontology. The papers in Defeasible Deontic Logic aptly illustrate this point. Prima Facie Obligations It is sometimes felt that deontic reasoning is somehow more defeasible than ‘nor- mal’ reasoning, whatever normal reasoning may be. Two phenomena explain this feeling, namely the occurrence of so-called prima facie obligations, and the occur- rence of contrary to duty (CTD) obligations. The name ‘prima facie obligations’ derives, to my knowledge, from Ross (1930, p. 19). Ross suggests to use the expression ‘prima facie duty’ to refer ‘to the characteristic (quite distinct from that of being a duty proper) which an act has, in virtue of being of a certain kind (e.g., the keeping of a promise), of being an act which would be a duty proper if it were not at the same time of another kind which is morally significant. Whether an act is a proper or actual duty depends on all the morally significant kinds it is an instance of’. Ross continues to explain that the phrase ‘prima facie duty’ is to some extent misleading. This is, first, because a prima facie duty is not really a duty, but rather
Artificial Intelligence and Law – Springer Journals
Published: Oct 3, 2004
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