In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges (...) a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)

Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the field are confused about (...) those tasks. As a result, many recent books in legal theory are in large part exercises in legal metatheory, devoting many pages to attempts to define the purposes and goals of the field. Waluchow follows this trend and begins by expressing a desire to clarify the issues that separate those trying to give an account of the nature of law. His ultimate goal is to defend a version of legal positivism, inclusive legal positivism, that he thinks is at least implicit in H. L. A. Hart’s work. (shrink)

In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligation’ should not be (...) removed from their various contexts of use and subjected to abstract philosophical definition and analysis. Second, when analyzing assertions in which such words figure in both legal practice and theory, it is crucial to bear in mind the different functions these assertions can be made to serve and the different purposes to which they can be putResumen:En este ensayo el autor defiende a H. L. A. Hart de dos críticas recurrentes a su teoría de las normas sociales y a las obligaciones que regularmente acompañan a estas normas. Ambas críticas, sostiene el autor, descansan sobre malos entendidos o caracterizaciones equivocadas de lo que Hart en realidad se propuso. Estos malentendidos son explicados plausiblemente a través de la falta de capacidad de los críticos de apreciar plenamente dos de las valiosas lecciones que Hart deseaba expresar en su lectura inaugural. En primer lugar, palabras como “norma” y “obligación” no deberían ser sacadas de sus distintos contextos de uso para someterlas a definiciones abstractas y al análisis filosófico. En segundo lugar, cuando se analizan enunciados en los cuales figuran tales palabras, tanto en la teoría como en la práctica del derecho, resulta primordial tener en mente las diversas funciones que esos enunciados puedan tener y los diferentes propósitos para los cuáles esos enunciados fueron proferidos. (shrink)

An attempt top reconcile Dworkin with Hart's legal positivism.

In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other hand, (...) there is an inclination to believe that harmful events can indeed occur posthumously. As Aristotle observed, “a dead man is popularly believed to be capable of having both good and ill fortune—honour and dishonour and prosperity and the loss of it among his children and descendants generally—in exactly the same way as if he were alive but unaware or unobservant of what was happening”. Feinberg sides with Aristotle on this issue and develops an intriguing theory purporting to show how posthumous harms are possible. My intention in this paper is to argue that Feinberg's account meets with such serious difficulties that we must either develop an alternative theory or agree with those who claim that death logically excludes the possibility of harm. I shall begin in §2 with a brief sketch of Feinberg's provocative theory. This will be followed in §3 by my comments and criticisms. Section 4 will close with suggestions about where Feinberg's account goes wrong and how it might be repaired. (shrink)

Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.Resumen:Las cartas constitucionales o declaraciones de derechos han sido aplaudidas por la protección que brindan a las minorías y su función de asegurar derechos fundamentales; sin embargo, (...) también han sido criticadas por ser consideradas moral y políticamente refutables. El autor responde a las objeciones más serias de los críticos y ofrece algunas razones para adoptar un marco alternativo, de acuerdo al cual, las cartas no aspiran a establecer puntos de acuerdo y compromisos previos. (shrink)

Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted (...) by Jeremy Waldron, the foremost philosophical opponent of judicial review. (shrink)

Appearing in English for the first time, Schelling’s 1842 lectures develop the idea that many philosophical concepts are born of religious-mythological notions.

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

Inleidend studieboek op universitair niveau over de Nederlandse rechtswetenschap.

There exist important deductive systems, such as the non-normal modal logics, that are not proper subjects of classical algebraic logic in the sense that their metatheory cannot be reduced to the equational metatheory of any particular class of algebras. Nevertheless, most of these systems are amenable to the methods of universal algebra when applied to the matrix models of the system. In the present paper we consider a wide class of deductive systems of this kind called protoalgebraic logics. These include (...) almost all (non-pathological) systems of prepositional logic that have occurred in the literature. The relationship between the metatheory of a protoalgebraic logic and its matrix models is studied. The following results are obtained for any finite matrix model U of a filter-distributive protoalgebraic logic : (I) The extension U of is finitely axiomatized (provided has only finitely many inference rules); (II) U has only finitely many extensions. (shrink)

This paper is based on Lectures 1, 2 and 4 in the series of ten lectures titled “Algebraic Structures for Logic” that Professor Blok and I presented at the Twenty Third Holiday Mathematics Symposium held at New Mexico State University in Las Cruces, New Mexico, January 8-12, 1999. These three lectures presented a new approach to the algebraization of deductive systems, and after the symposium we made plans to publish a joint paper, to be written by Blok, further developing these (...) ideas. That project was still incomplete when Blok died. In fact, there is no indication that he had prepared a draft of the paper, and we do not know what new material he intended to include. I am therefore not in a position to complete the project as he had envisioned it. So, I have settled for the more limited objective of presenting the material from the three lectures, leaving to others the task of adapting the techniques used there to more general situations. (shrink)

Modal logics are studied in their algebraic disguise of varieties of so-called modal algebras. This enables us to apply strong results of a universal algebraic nature, notably those obtained by B. Jonsson. It is shown that the degree of incompleteness with respect to Kripke semantics of any modal logic containing the axiom □ p → p or containing an axiom of the form $\square^mp \leftrightarrow\square^{m + 1}p$ for some natural number m is 2 ℵ 0 . Furthermore, we show that (...) there exists an immediate predecessor of classical logic (axiomatized by $p \leftrightarrow \square p$ ) which is not characterized by any finite algebra. The existence of modal logics having 2 ℵ 0 immediate predecessors is established. In contrast with these results we prove that the lattice of extensions of S4 behaves much better: a logic extending S4 is characterized by a finite algebra iff it has finitely many extensions and any such logic has only finitely many immediate predecessors, all of which are characterized by a finite algebra. (shrink)

This is an English translation of Schelling's Ideas for a Philosophy of Nature (first published in 1797 and revised in 1803), one of the most significant works in the German tradition of philosophy of nature and early nineteenth-century philosophy of science. It stands in opposition to the Newtonian picture of matter as constituted by inert, impenetrable particles, and argues instead for matter as an equilibrium of active forces that engage in dynamic polar opposition to one another. In the revisions of (...) 1803 Schelling incorporated this dialectical view into a neo-Platonic conception of an original unity divided upon itself. The text is of more than simply historical interest: its daring and original vision of nature, philosophy, and empirical science will prove absorbing reading for all philosophers concerned with post-Kantian German idealism, for scholars of German Romanticism, and for historians of science. (shrink)

We study modal logics in the setting of varieties of modal algebras. Any variety of modal algebras generated by a finite algebra — such, a variety is called tabular — has only finitely many subvarieties, i.e. is of finite height. The converse does not hold in general. It is shown that the converse does hold in the lattice of varieties of K4-algebras. Hence the lower part of this lattice consists of tabular varieties only. We proceed to show that there is (...) a continuum of pretabular varieties of K4-algebras — those are the non-tabular varieties all of whose proper subvarieties are tabular — in contrast with Maksimova's result that there are only five pretabular varieties of S4-algebras. (shrink)

The notion of an algebraic semantics of a deductive system was proposed in [3], and a preliminary study was begun. The focus of [3] was the definition and investigation of algebraizable deductive systems, i.e., the deductive systems that possess an equivalent algebraic semantics. The present paper explores the more general property of possessing an algebraic semantics. While a deductive system can have at most one equivalent algebraic semantics, it may have numerous different algebraic semantics. All of these give rise to (...) an algebraic completeness theorem for the deductive system, but their algebraic properties, unlike those of equivalent algebraic semantics, need not reflect the metalogical properties of the deductive system. Many deductive systems that don't have an equivalent algebraic semantics do possess an algebraic semantics; examples of these phenomena are provided. It is shown that all extensions of a deductive system that possesses an algebraic semantics themselves possess an algebraic semantics. Necessary conditions for the existence of an algebraic semantics are given, and an example of a protoalgebraic deductive system that does not have an algebraic semantics is provided. The mono-unary deductive systems possessing an algebraic semantics are characterized. Finally, weak conditions on a deductive system are formulated that guarantee the existence of an algebraic semantics. These conditions are used to show that various classes of non-algebraizable deductive systems of modal logic, relevance logic and linear logic do possess an algebraic semantics. (shrink)

The present paper is a study in abstract algebraic logic. We investigate the correspondence between the metalogical Beth property and the algebraic property of surjectivity of epimorphisms. It will be shown that this correspondence holds for the large class of equivalential logics. We apply our characterization theorem to relevance logics and many-valued logics.

A well-known result, going back to the twenties, states that, under some reasonable assumptions, any logic can be characterized as the set of formulas satisfied by a matrix 〈,F〉, whereis an algebra of the appropriate type, andFa subset of the domain of, called the set of designated elements. In particular, every quasi-classical modal logic—a set of modal formulas, containing the smallest classical modal logicE, which is closed under the inference rules of substitution and modus ponens—is characterized by such a matrix, (...) wherenow is a modal algebra, andFis a filter of. If the modal logic is in fact normal, then we can do away with the filter; we can study normal modal logics in the setting of varieties of modal algebras. This point of view was adopted already quite explicitly in McKinsey and Tarski [8]. The observation that the lattice of normal modal logics is dually isomorphic to the lattice of subvarieties of a variety of modal algebras paved the road for an algebraic study of normal modal logics. The algebraic approach made available some general results from Universal Algebra, notably those obtained by Jónsson [6], and thereby was able to contribute new insights in the realm of normal modal logics [2], [3], [4], [10].The requirement that a modal logic be normal is rather a severe one, however, and many of the systems which have been considered in the literature do not meet it. For instance, of the five celebrated modal systems, S1–S5, introduced by Lewis, S4 and S5 are the only normal ones, while only SI fails to be quasi-classical. The purpose of this paper is to generalize the algebraic approach so as to be applicable not just to normal modal logics, but to quasi-classical modal logics in general. (shrink)

Let S denote the variety of Sugihara algebras. We prove that the lattice (K) of subquasivarieties of a given quasivariety K S is finite if and only if K is generated by a finite set of finite algebras. This settles a conjecture by Tokarz [6]. We also show that the lattice (S) is not modular.

The logic RM and its basic fragments (always with implication) are considered here as entire consequence relations, rather than as sets of theorems. A new observation made here is that the disjunction of RM is definable in terms of its other positive propositional connectives, unlike that of R. The basic fragments of RM therefore fall naturally into two classes, according to whether disjunction is or is not definable. In the equivalent quasivariety semantics of these fragments, which consist of subreducts of (...) Sugihara algebras, this corresponds to a distinction between strong and weak congruence properties. The distinction is explored here. A result of Avron is used to provide a local deduction-detachment theorem for the fragments without disjunction. Together with results of Sobociski, Parks and Meyer (which concern theorems only), this leads to axiomatizations of these entire fragments — not merely their theorems. These axiomatizations then form the basis of a proof that all of the basic fragments of RM with implication are finitely axiomatized consequence relations. (shrink)