A collection of essays in various fields of philosophy written in celebration of Lars Lindahl's fiftieth birthday.

This contribution develops two objections to Hans Lindahl’s legal philosophy, as exhibited in his Authority and the Globalization of Inclusion and Exclusion. First, his conception of constituent power overstates the necessity of violence in initiating collective action. Second, his rejection of the distinction between participatory and representative democracy on the grounds that participation is representation is misleading, and compromises our ability to differentiate qualitatively among various forms of (purportedly) democratic involvement. Both problems stem from the same root. They result (...) from conflating two distinct senses of ‘representation’: acting-for-someone (or representative agency) and portraying-something-as-something (or representation-as). (shrink)

In recent years new findings in vertebrate neuroanatomy have challenged received views on the evolution of the brain. Established theories suggesting that new structures are added to older structures or that old structures are modified into new ones are being re-evaluated. Modification processes, such as invasion and parcellation, have proved to be less valid than originally assumed. Discoveries of neuroanatomical homologies add to the cladistic interpretation problems.

Hohfeld’s analysis on the different types of rights and duties is highly influential in analytical legal theory, and it is considered as a fundamental theory in AI&Law and normative multi-agent systems. Yet a century later, the formalization of this theory remains, in various ways, unresolved. In this paper I provide a formal analysis of how the working of a system containing Hohfeldian rights and duties can be delineated. This formalization starts from using the same tools as the classical ones by (...) Kanger and Lindahl used, but instead of focusing on the algebraic features of rights and duties, it aims at providing a comprehensive analysis of what these rights and duties actually are and how they behave and at saying something substantial on Power too—maintaining all along the Hohfeldian intentions that these rights and duties are sui generis and inherently relational. (shrink)

This anthology contains revised versions of selected papers presented at the fourth bi-annual international deontic logic conference, DEON’98. This volume includes our substantial introduction, and an article from me as a contributor. The volume includes papers from all four distinguished invited speakers, David Makinson, Donald Nute, Claudio Pizzi, and the founder of deontic logic, Georg Von Wright. Other notables among the authors are Dov Gabbay (co-editor of the Handbook on Philosophical Logic vols.1-4, and editor of a number of logic book (...) series); Lars Lindahl (author of Position and Change: A Study in Law and Logic); Andrew Jones (past editor of the Norwegian Journal of Philosophical Logic, and the co-author of the entry “Deontic Logic and Contrary-to-Duties” in the 2nd edition of Handbook on Philosophical Logic); and Marek Sergot (a leading researcher at the interface of deontic logic and computer science.). (shrink)

This book presents a theoretical treatment of externalities, public goods, and club goods. The new edition updates and expands the discussion of externalities and their implications, coverage of asymmetric information, underlying game-theoretic formulations, and intuitive and graphical presentations. Aimed at well-prepared undergraduates and graduate students making a serious foray into this branch of economics, the analysis should also interest professional economists wishing to survey recent advances in the field. No other single source for the range of materials explored is currently (...) available. Topics investigated include Nash equilibrium, Lindahl equilibria, club theory, preference-revelation mechanism, Pigouvian taxes, the commons, Coase Theorem, and static and repeated games. The authors use mathematical techniques only as much as necessary to pursue the economic argument. They develop key principles of public economics that are useful for subfields such as public choice, labor economics, economic growth, international economics, environmental and natural resource economics, and industrial organization. (shrink)

Considering the basic assumption that the modern Law and State theory does not only bear similarities, but also draws true epistemological parallels to theconstructions of Theology, Hans Kelsen intends to lay bare the ideological meaning that lies at the very core of the traditional dualism which constitutes Law and State into autonomous entities. Taking into account Kelsen´s original perceptions – which are seconded by more recent contributions from Claude Lefort and Hans Lindahl’s political and symbolic concepts and from Carl (...) Schmitt’s notions on political theology – our intention is now to demonstrate the highly conservative role played by the duality of the Law/State structure, whose aim is to remove, from under the sway of legal control, a considerable part of the State’s actions.Herebelow, therefore, we will analyse the very legitimacy of the so-called “Public Law,” which seems to point to a trend towards shunning the legal power regulation. Finally, based on the functional method pioneered by Ernst Cassirer, legal institutions such as “collective will” and “public interest” will be problematised, in order to ascertain whether they contain theological, conservative and authoritarian traits incompatible with the conceptual and substantial unity intrinsic to the Rule of Law. (shrink)

Stig Kanger made important contributions to logic and formal philosophy. Kanger's most original achievements were in the areas of general proof theory, the semantics of modal and deontic logic, and the logical analysis of the concept of rights. But he contributed significantly to action theory, preference logic and the theory of measurement as well. This is the second of two volumes dedicated to the work of Stig Kanger. The first volume is a complete collection of Kanger's philosophical papers. The present (...) volume contains critical essays on the various aspects of Kanger's work as well as some biographical sketches. Lennart Åqvist, Jan Berg, Brian Chellas, Anatoli Degtyarev, Lars Gustafsson, Sören Halldén, Kaj Børge Hansen, Sven Ove Hansson, Risto Hilpinen, Jaakko Hintikka, Ghita Holmström-Hintikka, Lars Lindahl, Sten Lindström, Ingmar Pörn, Dag Prawitz, Wlodek Rabinowicz, Krister Segerberg, Amartya Sen, Sören Stenlund, Göran Sundholm, and Andrei Voronkov have contributed to this volume. (shrink)

Considering the basic assumption that the modern Law and State theory does not only bear similarities, but also draws true epistemological parallels to theconstructions of Theology, Hans Kelsen intends to lay bare the ideological meaning that lies at the very core of the traditional dualism which constitutes Law and State into autonomous entities. Taking into account Kelsen´s original perceptions – which are seconded by more recent contributions from Claude Lefort and Hans Lindahl’s political and symbolic concepts and from Carl (...) Schmitt’s notions on political theology – our intention is now to demonstrate the highly conservative role played by the duality of the Law/State structure, whose aim is to remove, from under the sway of legal control, a considerable part of the State’s actions.Herebelow, therefore, we will analyse the very legitimacy of the so-called “Public Law,” which seems to point to a trend towards shunning the legal power regulation. Finally, based on the functional method pioneered by Ernst Cassirer, legal institutions such as “collective will” and “public interest” will be problematised, in order to ascertain whether they contain theological, conservative and authoritarian traits incompatible with the conceptual and substantial unity intrinsic to the Rule of Law. (shrink)

Neuroscience investigates how neuronal processing circuits work, but it has problems explaining experiences this way. For example, it hasn’t explained how colour and shape circuits bind together in visual processing, nor why colours and other qualia are experienced so differently yet processed by circuits so similarly, nor how to get from processing circuits to pictorial images spread across inner space. Some theorists turn from these circuits to their electromagnetic fields to deal with such difficulties concerning the mind’s qualia, unity, privacy, (...) and causality. They include Kohler, Libet, Popper, Lindahl, Arhem, Charman, Pockett, John, McFadden, Fingelkurts, Maxwell, and Jones. They’re classifiable as computationalist, reductionist, dualist, realist, interactionist, epiphenomenalist, globalist, and localist. However, they’ve never been analysed together as a whole, which hinders evaluations of them. This article tries to rectify this. It concludes that while field theories face challenges, they aren’t easily dismissed, for they draw on considerable evidence and may avoid serious problems in neuroscience concerning the mind’s qualia, unity, causality, and ontology. (shrink)

Norms conferring public or private powers, i.e., the competence to issue other norms, play a very important rôle in law. But there is no agreement among legal philosophers about the nature of such norms. There are two main groups of theories, those that regard them as a kind of norms of conduct (either commands or permissions) and those that regard them as non-reducible to other types of norms. I try to show that reductionist theories are not quite acceptable; neither the (...) command-variety (Kelsen, Alf Ross inOn Law and Justice), nor the permission-variety (von Wright, Kanger, Lindahl) provide a satisfactory account of competence norms.Among the authors who maintain that competence norms are different from (and hence not reducible to) norms of conduct are Hart, Ross inDirectives and Norms, and Searle. Ross and Searle distinguish between regulative and constitutive rules as two radically different kinds of rules and classify competence norms among constitutive rules. This distinction runs parallel to von Wright's distinction between rules that are prescriptions and determinative rules. While the first regulate actions (by commanding, prohibiting, or permitting them), determinative rules define certain concepts. To view competence norms as (partial) definitions of certain legal concepts (like those of legislator, judge, etc.) seems to open interesting perspectives and to shed light on at least one aspect of these elusive norms. (shrink)

Drawing on the success of his Lindahl lectures, Edward Glaeser provides a rigorous account of his research and unique thinking on cities. Using a series of simple models and economic theory, Glaeser illustrates the primary features of urban economics including the concepts of spatial equilibrium and agglomeration economies. Written for a mathematically inclined audience with an interest in urban economics and cities, the book is written to be accessible to theorists and non-theorists alike and should provide a basis for (...) further empirical work. (shrink)

This paper provides a computational framework, based on defeasible logic, to capture some aspects of institutional agency. Our background is Kanger-Lindahl-Pörn account of organised interaction, which describes this interaction within a multi-modal logical setting. This work focuses in particular on the notions of counts-as link and on those of attempt and of personal and direct action to realise states of affairs. We show how standard defeasible logic (DL) can be extended to represent these concepts: the resulting system preserves some (...) basic properties commonly attributed to them. In addition, the framework enjoys nice computational properties, as it turns out that the extension of any theory can be computed in time linear to the size of the theory itself. (shrink)

This issue is a special investigation into phenomenology of law through the thought of Bernard Waldenfels. Waldenfels, who is presently emeritus professor of philosophy at Ruhr Universität, Bochum, has made a name for himself in his own research and publications on the nexus surrounding the other as non-phenomenon, language as response, and the fissures of corporeality.Along side his expansive introduction and own separate article, guest editor Bert van Roermund has collected together six outstanding contributions to this ‘Waldenfeldian’ phenomenology of law.Waldenfels (...) himself kicks of this number with an original article outlining his conception of the legal order within a phenomenology of the other. Arguing that the legal order, like all orders, must have its own particular ‘outside’ or ‘unsaid,’ he investigates the critical perspectives that thus emerge.Then, David Janssens takes up Waldenfels’ treatment of Plato, which Janssens approaches through a Socratic investigation into the aporias at the foundation of the Platonic legal order. Waldenfels’ Plato seems rather Socratic in his confrontation of the reader with alterity.Next, William Conklin offers an in-depth investigation into the question as to how can human rights be considered universal by the very tribunals that also grant nations the right to define those who may legally be considered persons? Waldenfels’s notion of territorial structure offers its apparatus to Conklin’s substantial critique.Petra Gehring goes into the phenomenological theory of law, looking the ability of the law as an order to respond to claims of the alien. Claiming that law in fact is unable to respond, Gehring argues that phenomenology should legal phenomena critically as a problem of order within the double nature of what Waldenfels calls Anspruch and Antwort.Hans Lindahl analyzes the spatio-temporal borders of the European Union to lay bare the genesis of the Community’s legal order. Lindahl reveals this genesis to embody Waldenfels’ notion of the “chiasm of strangeness,” wherein the foundation of a Heimwelt simultaneously generates a Fremdwelt, and thus questions the very ability of Europe to be its own place.Finally, guest-editor Bert van Roermund supplements his introduction with yet another original contribution arguing that modern legislation is self-legislation. Attempting to identify the different voices comprising this self in an analytical scheme he terms [LEX], van Roermund borrows from Waldenfel’s notion of response and alterity in his analysis of how this structure responds to the classical notion of justice for every subject. (shrink)

Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of the (...) concept defined, or listing the constituent parts of the denotatum. All these definitions play different argumentative roles in legal discourse. At a third level, definitions can be thought of as premises in complex patterns of reasoning (for the subject of reasoning from definition in law, see Aarnio 1977; Moore 1980; Lindahl, 2004). They constitute the fundamental element of argument from classification, namely a pattern of inference in which a new property (or a name) is attributed to an entity on the basis of other properties. (shrink)

A collection of Head’s previously published papers are reprinted here, often without significant change. Nevertheless, the book has a great unity of purpose. It analyzes different problems related to an important new concept in economic theory: that of public goods. Head’s merit is to review, compare, and analyze the different approaches or definitions of a public good found in the literature. Further, he relates this problem to the whole field of welfare economics and finally, compares and differentiates it from the (...) concept of merit good. Head attempts to clarify the concept of a public good by integrating it into two streams of economic thought that try to construct analytical tools for mastering the problem of market failure. He, therefore, takes up and interrelates such individualistic concepts as Pareto-optimum, consumer sovereignty, jointness of supply, indivisibility of a good, and externality; but he also pointedly refers—through his concept of merit good—to the little discussed authoritarian stream of the liberal economic tradition. To support this claim Head cites a text even from J. S. Mill. The authors that Head refers to the most are Samuelson, Musgrave, Buchanan, and Pareto. But he also incorporates Baumol, Thiebout, Olson, and Downs, among the contemporary authors, and Sidgwick, Pigou, Wicksell, and Lindahl, among the historical figures. (shrink)

As emphasized by Alonzo Church and David Kaplan (Church 1974, Kaplan 1975), the philosophies of language of Frege and Russell incorporate quite different methods of semantic analysis with different basic concepts and different ontologies. Accordingly we distinguish between a Fregean and a Russellian tradition in intensional semantics. The purpose of this paper is to pursue the Russellian alternative and to provide a language of intensional logic with a model-theoretic semantics. We also discuss the so-called Russell-Myhill paradox that threatens simple Russellian (...) type theory if propositions satisfies very strict principles of individuation. One way of avoiding the paradox is to adopt a ramified rather than a simple theory of types. (shrink)

A solution to Gregg’s paradox is suggested in the spirit of cladistic taxonomy by inverting the usual order in which rank is assigned and working from the apex of the tree.