Lorenz Kohler. On the minimalist understanding of legal obligation

The article proposes a minimalist concept of legal obligation based not on linguistic or dogmatic approaches, but on rational reconstruction based on universal grounds. The author identifies three necessary characteristics of legal obligation: reference to an action, indication of the obligated person, and the existence of a normative requirement. These characteristics make it possible to distinguish obligations from descriptions of facts and situations of necessity. The article also demonstrates that properties such as the presence of an addressee, the establishment of an obligation by a subject, or the possibility of sanctions are not necessary, although they often accompany obligations. This approach allows us to cover a wide range of legal phenomena and get rid of unnecessary metaphysical assumptions. Obligations are interpreted as ontologically ideal entities that cannot be reduced to physical objects.