Потенциальность нормы пенитенциарного закона XIX века

Abstract

The study aims to define the notion of potentiality of directive forms based on the material of acts belonging to the penitentiary law of the XIX century. The article examines the meaning of potentiality, which is determined by the nature of benefactivity and the degree of pragmatic independence of the subject of a potential situation. The study is novel in that it is the first to describe the most common semantic and pragmatic features of the normative statements belonging to the penal legislation of the XIX century. As a result, it is proved that the meaning of potentiality is a basis for distinguishing normative modes of coercion and permission, which constitute directive modality of the legislative text.