Law I / What Law Is For
Practice question · Select all that apply

Why is Bobbio's promotional function invisible to a theory built only on sanctions?

Hints
  1. Three describe how the technique works; one asserts something false about how it is enacted.
  2. Promotional norms are enacted and published exactly like any other.
Show the answer
  • A. Promotional norms attach an advantage to desired conduct rather than a penalty to undesired conduct
  • B. Nothing is inflicted on someone who declines the advantage
  • D. The instruments are subsidies, tax reliefs and favourable statuses rather than punishments
Why

A sanction-based theory has a detector calibrated for one signal, so it registers nothing when a statute offers a deduction for insulating a building. The third option is simply untrue, promotional norms go through the same legislative channels and the same gazette, which is part of why the blind spot is theoretical rather than practical.

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