Position and Change: A Study in Law and Logic by Lars Lindahl (auth.)

By Lars Lindahl (auth.)

The current research which i've got subtitled A research in legislation and good judgment was once brought on by means of the query of even if an research into legislations and criminal structures could lead on to the invention of unrevealed basic styles universal to all such structures. this query used to be extra prompted via interrelated difficulties. to begin with, may perhaps an inquiry be rooted in in particular criminal concerns, as detailed from the extra traditional writings on deontic common sense? Secondly, might such inquiry yield a thought which might however embody a strict and easy logical constitution, allowing considerable conclusions in felony issues to be deduced from uncomplicated ideas governing a few simple thoughts? prior to the improvement of deontic good judgment, W. N. Hohfeld dedicated his efforts to this query at first of this century. in spite of the fact that, with this exception, few jurists have studied the interrelation among legislation and good judgment projected during this manner. however, nice names are to be came across, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo­ sophers with felony as weIl as logical education. Bentham's investigations of logical styles in legislation have only in the near past attracted consciousness; and as for Leibniz, his achievements are nonetheless virtually absolutely unexplored (his most vital writings on legislation and common sense haven't even been translated from Latin). My preliminary curiosity within the query was once evoked through Professor Stig Kanger. even supposing essentially a philosopher and thinker, Stig Kanger has been additionally within the basics of felony theory.

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Regarding conflicting obligations towards different people, see below, p. 32; cf. also Chapter 2, pp. ) Statement (1) is valid in Bentham's theory; from (2) Obligation(p, q, Ap ) & Obligation(p, q, '" Ap ) it follows that (3) Commanded A p & Commanded '" All' which is contradictory according to Bentham's logic. But Hohfeld offers no argument in favour of accepting (1) or (1 '); he talks only of the statements "Duty(p, q, All)" and "Privilege(p, q, All)" being consistent, which does not, of course, amount to saying the latter follows from the former: ...

It would therefore be a non sequitur to conclude from the mere existence of such liberties that "third parties" are under a duty not to interfere, etc. (1923, p. 43) This point of Hohfeld's is important, emphasising as it does that from the premise that a certain right relation obtains between two parties p and q with respect to an action Al" it cannot be concluded that a certain rights relation obtains between p and q with respect to a different action Bq (q's preventing p's performance of A).

If, for some special reason, X has contracted with Y to go on the former's own land, it is obvious that X has, as regards Y, both the privilege of entering and the duty 01 entering. The privilege is perfect1y consistent with this sort of duty,-for the latter is of the same content or tenor as the privilege ... 39) FROM BENTHAM TO KANGER 29 Had Hohfeld accepted (I), his theory would have been considerably enriched by a number of theorems such as: (la) (1b) (1c) (1d) (1e) Duty(p, q, AJI) -+- "" Right{q, P.

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