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.