Writers on jurisprudence often stress that conflict between positive laws and morality does not invalidate the positive laws. A law which requires me to compensate another for an injury caused by a dangerous object kept on my property is not invalidated by the fact that I have not been negligent and have no moral obligation to compensate the injured person. And although I have a moral obligation to keep my promises, positive laws may validly imply that I need not keep (...) promises not made for a consideration or under seal. Thus positive law may permit acts not permitted by morals and may forbid acts permitted by morals. The lesson drawn from these thoughts is that to establish a positive law as valid we need not consider the relationships it bears to the rules of morals. A valid law is simply a law created in accordance with the constitutional conventions or ‘rules of recognition’ of the society in which it is to be applied. It is the manner of its establishment, not its relationship to morals, which makes a law valid. (shrink)

The aim of the essay is to devise a logic of conditionality which escapes the paradoxes which arise when the general conditional is identified with the universalization of the material conditional. The assumption I adopt is that the logic of one contingent form differs from that of another to the extent that the two forms have different confirmations and disconfirmations. The logic of conditionals is not, But that of their confirmations and disconfirmations is, At bottom truth-Functional; and the logical relations (...) between conditionals, And between conditionals and non-Conditionals, May be traced through the truth-Functional connections between their respective confirmations and disconfirmations. The approach necessitates the re-Definition of the notions of confirmation and entailment. A peculiarity of the system which emerges is that from it can be derived, Without existential assumptions, The twenty-Four valid forms of the syllogism, The relationships of the square of opposition and the other commonly accepted inferences of traditional logic. (shrink)