Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the (...) genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection. (shrink)

This book elaborates on deontic logic and network theory to present a reductionist theory of the law, disclosing a simple understanding of legal norms based on minimum necessary and sufficient notions. The analysis explores the concept of a 'norm' as a claim-obligation relation that regulates conduct, that is, action and inaction, among subjects, in space and time. Based on these five minimum notions, the study illustrates legal systems as networks of substantive right-duty relations that are procedurally (...) organised according to time. The research relies on basic Kripke-style semantics as social matrixes to explain fundamental normative concepts and further on network science, social network theory and graph-theoretic notation, based on ties and nodes, to elaborate a formal representation of minimum necessary notions and of legal systems as deontic networks. The book will be of interest to academics, researchers and practitioners working in the areas of Legal Philosophy, Legal Theory and International Law. (shrink)

Abstract.The paper offers a critical survey of two main sorts of problems hindering the possibility of conceiving deontic logic as a suitable account of the logical behaviour of (sentences expressing) legal norms. The notion of “legal norm” is viewed as the main source of the first sort of problems: (a) the typological variety of legal norms requires an account both of the differing logical behaviour of (sentences expressing) differing legal norms, and of the relations (...) which might hold amon them; (b) the ontologic, semantic, and epistemic features of legal norms shed doubt on the very attempt to figure out a logical analysis of (sentences expressing) legal norms. The notion of “systemic legal validity” is viewed as the main source of the second sort of problems: Deontic logic does not provide suitable logical tools to account for legal phenomena like enactment, derogation, and conflicts between legal norms which rely on systemic legal validity. (shrink)

Modality and negation, as two important linguistic features used to realise subjectivity, have been investigated within various disciplines, such as logic, linguistics and philosophy, and law. The interaction between modality and negation, as a relatively new and undeveloped domain, has however not been paid due attention in scholarship. This corpus-based study investigates three aspects of their interaction: the differentiation of the deontic value by negation, the categorization of deontic modality in Hong Kong legislation via negation, and (...) distribution patterns of deontic modality, especially distribution patterns of the negation of modality, in Hong Kong legislation. This study shows that negation is a powerful linguistic mechanism not only for determining the nature and functions of modality, but also for determining the value of modality. This study also reveals that negation helps us to investigate the distribution of deontic modality in Hong Kong legislation and hence revisit the legal framework in Hong Kong. A study taking into account the discursive and professional aspects of the interaction between deontic modality and negation will provide a theoretical basis for the natural language processing of modality and negation in legislation and also offer important implications for the study of negation and modality in general contexts. (shrink)

A useful logic in which to specify normative system behaviour, deontic logic has a broad spectrum of possible applications within the field: from legal expert systems to natural language processing, database integrity to electronic contracting and the specification of fault-tolerant software.

There seems to be no clear consensus in the existing literature about the role of deontic logic in legal knowledge representation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the (...) beginnings of a methodology for its use in the analysis and representation of law.The essential point for which we argue is that deontic logic — in some form or other —needs to be taken seriously whenever it is necessary to make explicit, and then reason about, the distinction between what ought to be the case and what is the case, or as we also say, between the ideal and the actual. We take the library regulations at Imperial College as the main illustration, and small examples from genuinely legal domains to introduce specific points. In conclusion, we touch on the role of deontic logic in the development of the theory of normative positions. (shrink)

Relevant to philosophy, law, management, and artificial intelligence, these papers explore the applicability of nonmonotonic or defeasible logic to normative reasoning. The resulting systems purport to solve well-known deontic paradoxes and to provide a better treatment than classical deontic logic does of prima facie obligation, conditional obligation, and priorities of normative principles.

Criticizes traditional deontic logic and argues in favor of a genuine logic of norms. Gives a structure analysis of the so- called practical inference and of nomic causal propositions, and provides a critical account of von Wright's practical philosophy. The work also offers critical analyses of discourse rationality and of Wittgensteien's views on philosophizing, and includes an homage to von Wright. Of interest to readers in philosophical logic, practical philosophy, sociology of institutions, legal (...) philosophy, and theory democracy. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

We develop a multi-agent deontic action logic to study the logical behaviour of two types of deontic conditionals: (1) conditional obligations, having the form "If group H were to perform action aH, then, in group F's interest, group G ought to perform action aG" and (2) conditional permissions, having the form "If group H were to perform action aH, then, in group F's interest, group G may perform action aG". First, we define a formal language for multi-agent (...) deontic action logic and a class of consequentialist models to interpret the formulas of the language. Second, we define a transformation that converts any strategic game into a consequentialist model. Third, we show that an outcome a* is a Nash equilibrium of a strategic game if and only if a conjunction of certain conditional permissions is true in the consequentialist model that results from the transformation of that strategic game. (shrink)

In this paper, I set out some basic elements of a deontic logic with an implementation appropriate for handling conflicting legal obligations for purposes of programming autonomous machine agents. Kantian justice demands that the prescriptive system of enforceable public laws be consistent, yet statutes or case holdings may often describe legal obligations that contradict; moreover, even fundamental constitutional rights may come into conflict. I argue that a deontic logic of the law should not try (...) to work around such conflicts but, instead, identify and expose them so that the rights and duties that generate inconsistencies in public law can be explicitly qualified and the conflicts resolved. I then argue that a credulous, non-monotonic deontic logic can describe inconsistent legal obligations while meeting Kant’s demand for consistency in the prescriptive system of public law. Finally, I propose an implementation of this logic via a modified form of “answer set programming,” which I demonstrate with some simple examples. (shrink)

Deontic logic is the logic of normative concepts such as obligation, permission, and prohibition. This non-technical overview of the area has a strong emphasis on the connections between deontic logic and problems discussed in moral philosophy. Major issues treated are the distinction between ought-to-be and ought-to-do, the various meanings of permissive expressions, the logical relations among norms, the paradoxes of deontic logic, and the nature of moral conflicts and moral dilemmas. It is (...) concluded that deontic logic has resources for precise treatment of important issues in moral philosophy, but in order to make full use of these resources, more co-operation between logicians and moral philosophers is needed. (shrink)

The purpose of this paper is to describe a set of quantified temporal alethic-deontic systems, i.e., systems that combine temporal alethicdeontic logic with predicate logic. We consider three basic kinds of systems: constant, variable and constant and variable domain systems. These systems can be augmented by either necessary or contingent identity, and every system that includes identity can be combined with descriptors. All logics are described both semantically and proof theoretically. We use a kind of possible world (...) semantics, inspired by the so-called T × W semantics, to characterize them semantically and semantic tableaux to characterize them proof theoretically. We also show that all systems are sound and complete with respect to their semantics. (shrink)

My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian (...) philosophy to the development of interesting theories on the logic of legal reasoning. (shrink)

Over the course of more than two millennia the philosophical school of Mīmāṃsā has thoroughly analyzed normative statements. In this paper we approach a formalization of the deontic system which is applied but never explicitly discussed in Mīmāṃsā to resolve conflicts between deontic statements by giving preference to the more specific ones. We first extend with prohibitions and recommendations the non-normal deontic logic extracted in Ciabattoni et al. from Mīmāṃsā texts, obtaining a multimodal dyadic version of (...) the deontic logic \. Sequent calculus is then used to close a set of prima-facie injunctions under a restricted form of monotonicity, using specificity to avoid conflicts. We establish decidability and complexity results, and investigate the potential use of the resulting system for Mīmāṃsā philosophy and, more generally, for the formal interpretation of normative statements. (shrink)

Within legal contexts, a claim to knowledge requires that the evidence appealed to fulfills conditions established by legal norms that belong to the so-called Evidence Law. In addition, the epistemic justification presupposed by this kind of knowledge is temporally affected by the changing character of the evidence and the judicial discretion usually exercised in the applications of the Evidence Law. As such, these two scenarios involve three modalities: temporal, epistemic, and deontic. The present paper philosophically discusses the (...) links between these modal dimensions in the above legal context. Based on the discussion, a formal tense-epistemic-deontic logic is developed. That is, the paper characterizes a formal language formally representing the three dimensions through specific logical operators, constructs a formal semantics for the language, and specifies a formal logical system. Finally, the soundness and completeness of the system with respect to the semantics is proved. (shrink)

This chapter contains sections titled: Introduction On Law and Morality Legal Rights and Legal Principles Law and Legal Systems Deontic Logic and Legal Philosophy Philosophical Doctrines in Latin America Conclusion References.

Rufus Duits ABSTRACT: The so-called ‘central problem’ of internalism has been formulated like this: one cannot concurrently maintain the following three philosophical positions without inconsistency: internalism about practical reason, moral rationalism, and moral absolutism. Since internalism about practical reason is the most controversial of these, the suggestion is that it is the one that is best...

The text examines the status of the truth in the legal norms, trying to answer the questions of whether they can be subject to a truth assessment and, if such an assessment is possible, how a truth value can be attributed to legal norms. To achieve this goal, first of all, the text discusses some basic linguistic conceptions concerning the nature and truth of legal norms and subsequently, a a complex approach is being proposed for attributing truth-value (...) to legal norms. On On the one hand, the latter’s being studied by the methods of deontic logic and theory of possible worlds, and on the other hand, their relation to truth is being explained by semantic anti-realism. (shrink)

Traditional moral theories appear to be unable to give a credible account of the relationship between deontic and axiological concepts, i.e. duty and value. Of the two traditional solutions to this problem, one emphasises the independence of the two realms, whereas Mill argues that duty is definable in terms of goodness. In this paper I present Meinong's Law of Omission which offers, in my opinion, a promising alternative to these two traditional views.

Traditional moral theories appear to be unable to give a credible account of the relationship between deontic and axiological concepts, i.e. duty and value. Of the two traditional solutions to this problem, one emphasises the independence of the two realms, whereas Mill argues that duty is definable in terms of goodness. In this paper I present Meinong's Law of Omission which offers, in my opinion, a promising alternative to these two traditional views.

In this paper we study a new operator of strong modality ⊞, related to the non-contingency operator ∆. We then provide soundness and completeness theorems for the minimal logic of the ⊞-operator.

If deontic logic is to cast light on any of the normative sciences, such as legal reasoning, then certain problems regarding its logical constants must be faced. Recent studies in the area of deontic logic have tended to assume that it is our responses to the “paradoxes” of deontic implication which are fundamental to resolving problems with the use of deontic logic to investigate various branches of normative reasoning. In this paper I (...) wish to show that the paradoxes are of secondary importance; that they are merely by‐products of the central issue, namely the ability of certain syntactic forms to embody natural language structures used in reasoning about norms. An investigation of modal syntax is proffered as the best starting‐point from which to tackle the questions that still dog the legitimacy of deontic logic. Part I provides some philosophical background to the discussion of deontic logical constants. Part II addresses in greater detail issues concerning the representation of normative concepts; and Part III offers a few remarks on the general issue of deontic logic's fruitfulness as an analytical tool. (shrink)

Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.

Desires matter. How are we to understand the intentionality of desire? According to the two classical views, desire is either a positive evaluation or a disposition to act: to desire a state is to positively evaluate it or to be disposed to act to realize it. This Ph.D. Dissertation examines these conceptions of desire and proposes a deontic alternative inspired by Meinong. On this view, desiring is representing a state of affairs as what ought to be or, if one (...) prefers, as what should be. Desire involves a deontic manner of representing: a norm of the ought-to-be type features in desire’s intentional mode, as opposed to content. The dissertation is structured in three parts. In order to defend this conception, I formulate three main desiderata for a promising theory of the intentionality of desire in the introduction (§0). The first concerns desire’s direction of fit, i.e. the intuition that the world should conform to our desires. The second concerns the death of desire principle, i.e. the intuition that one cannot desire what one represents as actual. The last pertains to desire’s role in psychological explanations, i.e. the intuition that desires can explain some mental states and be explained by other mental states. The first part examines the main conceptions of desire in light of these desiderata. I argue that the classical pictures of desire do not adequately meet our desiderata. The first chapter is devoted to the evaluative conception (§1), while the second examines the motivational approach (§2). Following these criticisms, I then present the deontic view of desire (§3). In the second part, I defend this conception with the help of three arguments. The main idea is that appealing to norms of the ought-to-be type can satisfy our chief desiderata: the world should conform to norms (world-to-mind direction of fit, §4), norms are grounded on values and in turn ground obligations (explanation, §5), and norms are about non-actual states of affairs (death of desire principle, §6). In the last part, I develop the deontic view to draw a cartography of the various types of desire. Some desires are correct, while others are inappropriate. This distinction is explained by the deontic conception, as it matches that between states of affairs that ought to obtain and states that should not obtain (§7). Two study cases are examined: caprice and the impermissibility of desire aggregation. Intuitively, hopes, wishes, or urges are types of desire. The next chapter presents a typology inspired by the deontic view and the type of norms there are (§8). The last chapter discusses the main objections to the deontic approach (§9). In conclusion, I show the relevance of the deontic view for several debates in philosophy of mind and ethics. Desires are crucial because they are the ‘eye’ of what should be. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

In the paper we present a formal system motivated by a specific methodology of creating norms. According to the methodology, a norm-giver before establishing a set of norms should create a picture of the agent by creating his repertoire of actions. Then, knowing what the agent can do in particular situations, the norm-giver regulates these actions by assigning deontic qualifications to each of them. The set of norms created for each situation should respect (1) generally valid deontic principles (...) being the theses of our logic and (2) facts from the ontology of action whose relevance for the systems of norms we postulate. (shrink)

The logic of an ought operator O is contranegative with respect to an underlying preference relation if it satisfies the property Op & (¬p)(¬q) Oq. Here the condition that is interpolative ((p (pq) q) (q (pq) p)) is shown to be necessary and sufficient for all -contranegative preference relations to satisfy the plausible deontic postulates agglomeration (Op & OqO(p&q)) and disjunctive division (O(p&q) Op Oq).

The ideal world semantics of standard deontic logic identifies our obligations with how we would act in an ideal world. However, to act as if one lived in an ideal world is bad moral advice, associated with wishful thinking rather than well-considered moral deliberation. Ideal world semantics gives rise to implausible logical principles, and the metaphysical arguments that have been put forward in its favour turn out to be based on a too limited view of truth-functional representation. It (...) is argued that ideal world semantics should be given up in favour of other, more plausible uses of possible worlds for modelling normative subject-matter. (shrink)

We propose a new formalization of legal competences, and in particular for the Hohfeldian categories of power and immunity, through a deontic reinterpretation of dynamic epistemic logic. We argue that this logic explicitly captures the norm-changing character of legal competences while providing a sophisticated reduction of the latter to static normative positions. The logic is completely axiomatizable, and we apply it to a concrete case in German contract law to illustrate that it can capture (...) the distinction between legal ability and legal permissibility. (shrink)

Overview of fundamental work in deontic logic.

The ‘deontic orientation’ thesis—that is, the claim that ancient Indian legal theory is orientated or focussed towards duty to the exclusion of other jural operators—features prominently in the discourse of ancient Indian law. In contrast, contemporary legal systems tend to employ a variety of other jural operators also, including right, liberty, power, and so forth. Theorists like Wesley Hohfeld even assert that these operators are elemental, and hence not reducible to other operators. This disparity may be addressed (...) from various evaluational and conceptual standpoints. I address instead a more basic question: is the disparity real? Does a scrutiny of legal treatises factually validate the deontic orientation thesis? I contend that the thesis is factually not sustainable, and that legal treatises of ancient India do display a sophisticated conception of non-deontic operators. To this end I undertake a scrutiny of Kauṭilya’s Arthaśāstra, to determine the treatise’s use of non-deontic operators, and whether it treats them as entities in their own standing as opposed to derivatives or outcomes of the deontic. (shrink)

The contract review process can be a costly and time-consuming task for lawyers and clients alike, requiring significant effort to identify and evaluate the legal implications of individual clauses. To address this challenge, we propose the use of natural language processing techniques, specifically text classification based on deontic tags, to streamline the process. Our research question is whether natural language processing techniques, specifically dense vector embeddings, can help semi-automate the contract review process and reduce time and costs for (...) legal professionals reviewing deontic modalities in contracts. In this study, we create a domain-specific dataset and train both baseline and neural network models for contract sentence classification. This approach offers a more efficient and cost-effective solution for contract review, mimicking the work of a lawyer. Our approach achieves an accuracy of 0.90, showcasing its effectiveness in identifying and evaluating individual contract sentences. (shrink)

In recent years, the most widespread doctrine about the conflicts between fundamental (usually constitutional) legal rights could be summarized in the following three main theses: (1) The elements in conflict are legal principles, as opposed to legal rules; (2) Those conflicts are not consequences of the existence of inconsistencies or antinomies between the norms involved, but rather depend on the empirical circumstances of the case. In other words, the norms are logically consistent and the conflicts are not (...) determinable a priori or in abstracto , but only in concreto ; and (3) The classical criteria for solving conflicts between norms, such as lex superior , lex posterior and lex specialis , are not suitable to solve conflicts among fundamental legal rights. Indeed, they require a specific method known as ‘weighing and balancing’. Although all three theses could be (and indeed have been) regarded as problematic, in this paper I address mainly the second one. I try to show that there is room for a tertium genus between antinomies (deontic inconsistencies) and conflicts caused by strict empirical circumstances that I call ‘contextual antinomies’. There are situations in which the norms involved are not inconsistent but the conflict arises for logical reasons. My thesis is that many conflicts between fundamental legal rights fall in this category. I offer, in an appendix, a proposal of formalization of this kind of conflict and the elements involved in it. (shrink)

Conflicts between legal norms are common in reality. In many legislations, legal conflicts between norms are resolved by applying ordered principles. This work presents a formalization of the conflict resolution mechanism and introduces action legal logic (⁠ALL) to reason about the normative consequences of possibly conflicting legal systems. The semantics of ALL is explicitly based on legal systems consisting of norms and ordered principles. Legal systems specify the legal status of transitions in (...) transition systems and the language of ALL describes the legal status of paths in transition systems. The formalization is used to study abstract revisions of legal systems. The expressivity of ALL is studied and its completeness is proved. (shrink)

Predication is a central theme in Arabic logic that has undergone significant semantic transformation throughout history. This article explores the evolution of predication's scope and meaning across four successive stages. Rather than pinpointing specific historical moments—given that these transitions lack clearly defined beginnings or endings—the focus is on key propositions that enrich our understanding of predication, drawing on the classifications of thinkers such as Abū Naṣr al-Fārābī (d. 950), Athīr al-Dīn al-Abharī (d. 1262-65), Mullā Ṣadrā (d. 1635), and Muhammad (...) Ḥusayn Ṭabātabāʾī (d. 1981). The transition from the first to the second stage is characterized by the acceptance of natural propositions (ṭabīʿīya), while subsequent stages involve essential primary (dhātī awwalī) and stronger/weaker (ḥaqīqa-raqīqa) propositions. This progression illustrates a shift from expressing the properties of external objects to articulating the properties of concepts, ultimately culminating in the expression of identity between concepts and external entities. The four stages can be summarized as follows: (1) First-order predication; (2) Second-order predication; (3) Second-order identity; (4) First-order identity. (shrink)

Theories of epistemic justification are usually described as belonging to either deontological or nondeontological categories of justification with the former construing the concept of justification as involving the fulfillment of epistemic duty. Despite being the dominant view among traditional epistemologists, the deontological conception has been subjected to severe criticisms in the current literature for failing, among others, to do justice to the (alleged) truth-conducive character of epistemic justification. In this paper I set out to show that there is something deeply (...) unsatisfying about the way these different conceptions of justification are usually introduced and contrasted with each other leaving it unclear just what it is that renders a particular conception deontological. In particular I look at Alston's treatment of the issue, and show that his reasons for rejecting the deontological conception involve question-begging assumptions demonstrating, at best, the possibility of its divergence from truth-conductive justification. Far from being able to settle the issue one way or another, the arguments, I shall suggest actually seem to show some sort of tolerant pluralism in justification theory to be a live option. (shrink)

This book consists of a series of papers "read and discussed at the first Symposium of Exact Philosophy" at Montreal in 1971. "Exact philosophy," the editor says, means "mathematical philosophy, i.e., philosophy done with the explicit help of mathematical logic and mathematics." Judging from the contents, a more accurate statement would be that "exact philosophy" means formal semantics and modal logic. Two thirds of the papers are on these topics. The others include an (...) essay on "Concepts of Randomness" by Peter Kirschenmann; a characteristically difficult paper on "Plato’s Phaedo Theory of Relations" by Hector Castañeda; a somewhat inexact discursus on "Foundations as a Branch of Mathematics" by William Hatcher with a reply by Charles Castonguay; and a paper by Raimo Tuomela on "Deductive Explanation of Scientific Laws", or, more exactly, on Ohmer’s discussion of that topic. The subject’s are highly specialized and their treatment is complex. In addition to those mentioned, other essays are "Matters of Relevance" by Hugues Leblanc, with an answer by Brian Chellas; "Translation and Reduction" by Lars Svenonius; "A Program for the Semantics of Science" by Mario Bunge; "S-P Interrogatives" by Nuel Belnap; "The Logic of Conditional Obligation" by Bas C. Van Frassen with commentary by Harry Beaty; and "The Intuitive Background of Normative Legal Discourse and Its Formalization" by Carlos E. Alchourron.—M.H. (shrink)

John Horty has proposed an approach to reasoning with ought-propositions which stands in contrast to the standard modal approach to deontic logic. Horty’s approach is based on default theories as known from the framework of Default Logic. It is argued that the approach cannot be extended beyond the most simple kinds of default theories and that it fails in particular to account for conditional obligations. The most plausible ways of straightening out the defects of the approach conform (...) to a simple theory of default reasoning in standard deontic language. (shrink)

The first reference on rationality that integrates accounts from psychology and philosophy, covering descriptive and normative theories from both disciplines. Both analytic philosophy and cognitive psychology have made dramatic advances in understanding rationality, but there has been little interaction between the disciplines. This volume offers the first integrated overview of the state of the art in the psychology and philosophy of rationality. Written by leading experts from both disciplines, The Handbook of Rationality covers the main normative and (...) descriptive theories of rationality—how people ought to think, how they actually think, and why we often deviate from what we can call rational. It also offers insights from other fields such as artificial intelligence, economics, the social sciences, and cognitive neuroscience. The Handbook proposes a novel classification system for researchers in human rationality, and it creates new connections between rationality research in philosophy, psychology, and other disciplines. Following the basic distinction between theoretical and practical rationality, the book first considers the theoretical side, including normative and descriptive theories of logical, probabilistic, causal, and defeasible reasoning. It then turns to the practical side, discussing topics such as decision making, bounded rationality, game theory, deontic and legal reasoning, and the relation between rationality and morality. Finally, it covers topics that arise in both theoretical and practical rationality, including visual and spatial thinking, scientific rationality, how children learn to reason rationally, and the connection between intelligence and rationality. (shrink)

The paper deals with certain issues with which Olivecrona was mainly concerned in his Philosophy of Law, notably (i) his views about the logical or syntactical form of imperatives as used in the law, and (ii) his views on the semantics of imperatives in the law and on the question whether and to what extent the notions of truth and falsity are applicable to those imperatives at all. In the light of an important critical notice of Olivecrona's work by (...) Marc-Wogau (1940 ), we examine some textual evidence for attributing to Olivecrona a so-called Atheoretical Thesis to the effect that imperatives in the law are neither true nor false or lack truth-value altogether. We close the paper by commenting on the celebrated distinction due to Hedenius (1941 ) and further elaborated by Wedberg (1951 ) between genuine ("rule-stating") normative sentences in the law and spurious ones (stating merely that a given rule is (or is not) in force in a given society at a given time). Two interesting difficulties bound up with that distinction will be dealt with. By means of various quotations we try to capture something of the flavour characterizing the legal philosophical discussion in Sweden in the mid-twentieth century during la belle époque of Scandinavian Legal Realism of which Olivecrona was a typical representative. (shrink)

When a conflict of duties arises, a resolution is often sought by use of an ordering of priority or importance. This paper examines how such a conflict resolution works, compares mechanisms that have been proposed in the literature, and gives preference to one developed by Brewka and Nebel. I distinguish between two cases – that some conflicts may remain unresolved, and that a priority ordering can be determined that resolves all – and provide semantics and axiomatic systems for accordingly defined (...) dyadic deontic operators. (shrink)

Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, (...) stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts. (shrink)