A Phenomenological Analysis of the Nomothetic Noema. Discussing the De Dicto and De Re Formulations of Normative sentences

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In this paper, I examine phenomenologically the structure of the normative noema, which I call the “nomothetic noema.” I distinguish the meaning content, its normative characters, which I call “ductive forces”, and its modes of givenness. Next, I introduce the traditional difference between modalities de re and de dicto. I argue that the current tendency, in deontic logic, to treat deontic expressions as operators over sentences induces, at least on the syntactic surface, a de dicto reading. I then discuss some of the theoretical decisions that underlie deontic logic, starting from two basic asymmetries between modal alethic logic and deontic logic. The decisive point is to recover a strong sense of permission that I equate with the factor of free agency, which is difficult to formalize. Finally, I return to the analysis of the nomothetic noema and try to show how a de re reading is better suited to account for normative intentionality. I simultaneously introduce the concept of status-imposing norms, which must be formulated with a normative use of the copulas “is” and “has.” I conclude that the treatment of normative expressions is more appropriate when they are understood as complex copulas, irreducible to assertive sentences, rather than as operators over whole sentences. I emphasize on this occasion that, from a phenomenological point of view and within the framework of genetic analysis, the primitive basic datum is the freedom of agency, on which the normative domain of assigning statuses to agents, obligations, and prohibitions is built.