ISBN:
9789401012027
Language:
English
Pages:
Online-Ressource (318p)
,
digital
Edition:
Springer eBook Collection. Humanities, Social Sciences and Law
Series Statement:
Synthese Library, Monographs on Epistemology, Logic, Methodology, Philosophy of Science, Sociology of Science and of Knowledge, and on the Mathematical Methods of Social and Behavioral Sciences 112
Series Statement:
Synthese Library, Studies in Epistemology, Logic, Methodology, and Philosophy of Science 112
Parallel Title:
Erscheint auch als
Parallel Title:
Erscheint auch als
Parallel Title:
Erscheint auch als
Keywords:
Philosophy (General)
;
Philosophy of law
;
Law—Philosophy.
Abstract:
I Basic Types of Legal Position -- 1. From Bentham to Kanger -- 2. Symbols and Logical Rules -- 3. One-Agent Types -- 4. Individualistic Two-Agent Types -- 5. Collectivistic Two-Agent Types -- II Change of Position and Ranges of Legal Action -- 6. Traditions of Legal Power and a New Departure -- 7. Symbols and Logical Rules (Continued) -- 8. The General Theory of Ranges of Legal Action -- 9. Commitment, Contract and Ranges of Legal Action -- Index of Names -- Index of Subjects.
Abstract:
The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.
DOI:
10.1007/978-94-010-1202-7
URL:
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