When Judges Say “You Must”: What Are They Really Doing?

This is a post by Federico Arena (University of Girona).

Imagine a judge delivering a verdict: “The State is obligated to provide healthcare to this patient.” We take this kind of statement for granted. But have you ever stopped to wonder what the judge is actually doing when they say this? Are they describing a fact about the world — the way you might say “It’s raining outside”? Or are they doing something entirely different?