ABSTRACT

This chapter shows that normative assertions can be expressed in compulsory or permissive terms. Accordingly, the marker ~γ will be used to denote factual assertions about treatment. That characterization will mean only that the assertion is expressed in factual, as opposed to normative, language. For example, the assertion "women and men are treated unequally" is formally factual regardless of whether it is substantively true, and regardless of the kind of evidence that is introduced to support it. As with normative assertions, it will also at times be useful to denote a factual assertion, without specifying whether it is an assertion of equal treatment or of unequal treatment. The claimant made some factual assertion about treatment. Someone clearly made some factual argument about treatment. The respondent retorts angrily with an assertion about treatment. Some party makes some assertion about treatment. The unmarked τ can be used to designate all possible assertions about treatment, be they normative or factual.