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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."
This book presents papers read at the Conference on Legal Theory
and Philosophy of Science, held at Lund, December 11-14,1983. The
main idea of the conference was to arti- culate, to test, and to
apply scientific rationality with regard to the domain of law and
legal reasoning. Although. very different views were presented, the
general impres- sion is that this idea may have some future, as it
yielded many surprising and stimulating discussions in Lund. The
editors express their gratitude to Torsten S5der- bergs och Ragnar
S5derbergs Stiftelser, Marianne och Marcus Wallenbergs Stiftelse,
Craffoordska Stiftelsen, Swensonska Fonden, Einar Hansens
Forskningsfond, Svenska Institutet and Lunds Universitet for
subsidizing the con- ference. We also express gratitude to Lund
University for help of various kinds, including free rooms,
assistance with copying materials, and thousands of other necessary
things. We thank all people whose work made the conference
possible, first of all Mr.Roland Sch5tt who during a long period
acted as the secretary of the Organizing Committee, Mr.Mats
Mattsson and Mrs.Irena Peczenik who helped with so many things
necessary for the meetings, and many students and members of the
staff of Lund University Law School.
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."
This book presents papers read at the Conference on Legal Theory
and Philosophy of Science, held at Lund, December 11-14,1983. The
main idea of the conference was to arti- culate, to test, and to
apply scientific rationality with regard to the domain of law and
legal reasoning. Although. very different views were presented, the
general impres- sion is that this idea may have some future, as it
yielded many surprising and stimulating discussions in Lund. The
editors express their gratitude to Torsten S5der- bergs och Ragnar
S5derbergs Stiftelser, Marianne och Marcus Wallenbergs Stiftelse,
Craffoordska Stiftelsen, Swensonska Fonden, Einar Hansens
Forskningsfond, Svenska Institutet and Lunds Universitet for
subsidizing the con- ference. We also express gratitude to Lund
University for help of various kinds, including free rooms,
assistance with copying materials, and thousands of other necessary
things. We thank all people whose work made the conference
possible, first of all Mr.Roland Sch5tt who during a long period
acted as the secretary of the Organizing Committee, Mr.Mats
Mattsson and Mrs.Irena Peczenik who helped with so many things
necessary for the meetings, and many students and members of the
staff of Lund University Law School.
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