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Position and Change - A Study in Law and Logic (Paperback, Softcover reprint of the original 1st ed. 1977)
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Position and Change - A Study in Law and Logic (Paperback, Softcover reprint of the original 1st ed. 1977)
Series: Synthese Library, 112
Expected to ship within 10 - 15 working days
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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."
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