This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of compliance and implementation. (...) Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

Australia is second only to Israel in being the world’s most culturally diverse nation, based largely on high levels of immigration in the second part of the 20th century. From the 1970s onwards, Australia formally recognized the massive social changes brought about by postwar immigration, and provided legislation to incorporate cultural diversity into everyday lives. One such ‘legislative’ enactment saw the establishment of multicultural broadcasting in Australia, as arguably a world-first, both in its comprehensiveness and diversity. Today, Australia has a (...) public sector corporation, the Special Broadcasting Service, administering five radio services in 68 languages. Also, the Community Radio sector produces multicultural programming in 100 languages through a number of its 330 broadcast and 207 narrowcast stations. This article examines the relationship between radio and its communities. It argues that despite the ‘profile’ of SBS television, radio is much closer to its constituent communities, and therefore plays a greater role in enabling those communities to speak their own histories, beyond the confines of a consensual Anglophile paradigm. (shrink)

This study aimed to advance our understanding of 5-year-olds’ behavioral difficulties by modeling and testing both mediational protective and risk pathways simultaneously. Drawing on two national samples from different Western European countries—the United Kingdom and Germany, the proposed model considered observed sensitive parental interactive behaviors and tested child vocabulary as protective pathways connecting parental education with children’s behavioral outcomes; the risk pathways focused on negative parental disciplinary practices linking parental education, parental distress, and children’s difficult temperament to children’s behavioral difficulties. (...) Further, the tested model controlled for families’ income as well as children’s sex and formal child care attendance. Children with comparatively higher educated parents experienced more sensitive interactive behavior, had more advanced vocabulary, and exhibited fewer behavioral difficulties. Children with a comparatively higher level of difficult temperament or with parents who suffered from distress tended to experience more negative disciplinary behavior and exhibited more behavioral difficulties. Additionally, children’s vocabulary skills served as a mechanism mediating the association between parental education and children’s behavioral difficulties. Overall, we found similar patterns of results across the United Kingdom and Germany with both protective and risk pathways contributing simultaneously to children’s behavioral development. The findings suggest that promoting parents’ sensitive interactive behaviors, favorable disciplinary practices, and child’s vocabulary skills have potential for preventing early behavioral difficulties. (shrink)

One aim of the Critique of Practical Reason is to establish that reason alone can determine the will. To show that it can, it suffices to show that there are practical principles given by reason alone – what Kant terms ‘practical laws’, or (roughly) requirements of reason on action. Chapter I of the Analytic accomplishes this aim by arguing that the moral law is an authoritative practical principle given as a ‘fact of reason’. The chapter begins in section 1 with (...) a ‘Definition’ (Erklärung) of a practical law as a practical principle that.. (shrink)

The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**.

Of late I have read in earnest the article by Comrade Lin Mingjun et al. entitled "The Law of Sufficient Reason Is Not a Basic Law of Formal Logic" and Comrade Li Xiankun's article "The Position and Function of the Law of Sufficient Reason in Formal Logic" . In this article I'd like to set forth my opinions as they differ from theirs.

Just recently I read carefully the article by Comrades Lin Mingjun et al., "The law of sufficient reason is not a fundamental law of formal logic," and the article of Comrade Li Xiankun, "The place and function of the law of sufficient reason in formal logic." The present article contains some of our disagreements with the above two articles.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Disputes over causes play a central role in legal argumentation and liability attribution. Legal approaches to causation often struggle to capture cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. In this paper, we first assess three current theories of causation to illustrate their strengths and weaknesses in capturing cause-in-fact. Secondly, we introduce a semi-formal framework for modelling causal arguments through strict and defeasible rules. Thirdly, the framework is applied to the Althen vaccine injury case. And lastly, we discuss the need (...) for new criteria based on a common causal argumentation framework and propose ideas on how to integrate the current theories of causation to assess the strength of causal arguments, while also acknowledging the tension between evidence-based and policy-based causal analysis in law. (shrink)

Disputes over causes play a central role in legal argumentation and liability attribution. Legal approaches to causation often struggle to capture cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. In this paper, we first assess three current theories of causation to illustrate their strengths and weaknesses in capturing cause-in-fact. Secondly, we introduce a semi-formal framework for modelling causal arguments through strict and defeasible rules. Thirdly, the framework is applied to the Althen vaccine injury case. And lastly, we discuss the need (...) for new criteria based on a common causal argumentation framework and propose ideas on how to integrate the current theories of causation to assess the strength of causal arguments, while also acknowledging the tension between evidence-based and policy-based causal analysis in law. (shrink)

Marx said that a science attains perfection when it is successful in employing mathematics.

Disputes over causes play a central role in legal argumentation and liability attribution. Legal approaches to causation often struggle to capture cause-in-fact in complex situations, e.g. overdetermination, preemption, omission. In this paper, we first assess three current theories of causation to illustrate their strengths and weaknesses in capturing cause-in-fact. Secondly, we introduce a semi-formal framework for modelling causal arguments through strict and defeasible rules. Thirdly, the framework is applied to the Althen vaccine injury case. And lastly, we discuss the need (...) for new criteria based on a common causal argumentation framework and propose ideas on how to integrate the current theories of causation to assess the strength of causal arguments, while also acknowledging the tension between evidence-based and policy-based causal analysis in law. (shrink)

Whether or not the law of sufficient reason is a basic law of formal logic is a question that merits in-depth discussion. Back in the 1960s, when discussion was held on the object and function of formal logic, some comrades were of the opinion that formal logic should not be confined to the study of the form of thinking. One of their arguments was "the law of sufficient reason requires that the contents of the premise be true." Similarly, in the (...) discussion of the truthfulness and correctness of formal logic, some comrades also held that the correctness of the form of thinking and the truthfulness of its contents are a unity. Their opinion supposed that "it is one of the requirements of the law of sufficient reason that the reason must be true." All these discussions involved the nature of the law. Therefore the current discussion is a continuation and deepening of the previous discussions on logic. It involves not only the content of the law of sufficient reason as well as its role and position in formal logic, but also the object under the study of formal logic as a branch of science and the direction of its future development. Doubtlessly, the discussion of this issue bears major significance. (shrink)

.The author summarizes the essential elements of a general theory he is developing which he calls “The Formal Character of Law.” He explains that law's formal character is a potentially major branch of legal theory that is still relatively unexplored. In his view, it is possible to identify formal attributes in legal rules, other basic legal constructs such as interpretive method, the principles of stare decisis, legal reasons, and legislative and adjudicative processes, and a legal system viewed as a whole. (...) For example, a legal rule has, in varying degrees, such formal attributes as generality, definiteness, and simplicity. Such attributes are formal in the sense that they apply to or accommodate highly variable content and do not prescribe or proscribe content. Of course, legal phenomena have other characteristics besides their formality. The author's main technique for developing his theory is to address a common set of questions to the varied formal attributes of , , and above. Among other things, the answers to these questions further explicate how law is formal, demonstrate that law is not merely a means of serving problem‐specific policy but also serves formal values , treats the relations between form and content—specially how good form begets good content and bad form bad content, explores the design and implementation of appropriate formality—its “anatomy and physiology,” and analyses the “pathology” of legal form including not only the “formalistic” , but also the “sub‐stantivistic,” and shows how the overall theory is important both jurisprudentially and in practical ways. (shrink)

Formal logic is an antiquated science, but there have been no convincing solutions of such theoretical problems as its scientific object and its scientific character. The political report of the Eighth National Party Congress has called on us "to engage in the study of the basic theories of Marxism-Leninism and of the scientific sectors closely related to Marxism-Leninism." Since there is a consensus that formal logic is a discipline that is closely related to the philosophy of Marxism-Leninism, it is therefore (...) necessary to study and clarify some of the basic problems of formal logic. (shrink)

This article endeavours to open up a dialogue between succession law and the field of gender, sexuality and the law. It presents a detailed analysis of five cases concerning inheritance disputes relating to lesbians or gay men. The sexuality of the parties in the cases is ‘doctrinally irrelevant’ but the analysis demonstrates the significance of sexuality in the resolution of the legal disputes. In doing so it identifies how legal discourse remains a critical site for the production of societal norms (...) and in particular how lesbian and gay perspectives reveal the gendered assumptions underlying a number of key succession law doctrines. It emphasises the importance of taking difference seriously and the limits to formal legal equality. (shrink)

To advance a successful reading of Kant's theory of motivation, his interpreter must have a carefully developed position on the relation between our rational and sensible capacities of mind. Unfortunately, many of Kant's commentators hold an untenably dualistic conception, understanding reason and sensibility to be necessarily conflicting aspects of human nature that saddle Kant with a rigoristic and fundamentally divided moral psychology. Against these interpreters, I argue for a reading that maintains a unified conception, claiming that we must think of (...) reason and sensibility as interdependent capacities, which stand to one another as form to matter. Our sensible nature thus does not stand opposed to reason; its fundamental character is determined by reason's activity. I take Kant's account of moral motivation and the feeling of respect to represent the lynchpin of this unified account. Against interpreters who would emphasize either the intellectual or affective nature of respect, I claim that it should be understood as the formal element of moral sensibility, the result of practical reason determining the capacity to feel and fundamentally transforming its character. To make this argument, I draw on Kant's account of sensibility in the Critique of Pure Reason, claiming that space, time, and respect for the moral law are analogous formal elements of sensibility. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

Considerable attention has been given to the accessibility of legal documents, such as legislation and case law, both in legal information retrieval (query formulation, search algorithms), in legal information dissemination practice (numerous examples of on-line access to formal sources of law), and in legal knowledge-based systems (by translating the contents of those documents to ready-to-use rule and case-based systems). However, within AI & law, it has hardly ever been tried to make the contents of sources of law, and the relations (...) among them, more accessible to those without a legal education. This article presents a theory about translating sources of law into information accessible to persons without a legal education. It illustrates the theory by providing two elaborated examples of such translation ventures. In the first example, formal sources of law in the domain of exchanging police information are translated into rules of thumb useful for policemen. In the second example, the goal of providing non-legal professionals with insight into legislative procedures is translated into a framework for making available sources of law through an integrated legislative calendar. Although the theory itself does not support automating the several stages described, in this article some hints are given as to what such automation would have to look like. (shrink)

In the Logical Investigations Husserl announced a critique of Lotze’s epistemology, but it was never included in the printed text. The aim of my paper is to investigate the remnant of Husserl’s planned text with special emphasis on the question of whether it goes beyond the obvious aspects of Husserl’s indebtedness to Lotze. Using Husserl’s student notes, excerpts, and book annotations, I refine the dating of Husserl’s encounter with Lotze and separate the various layers of influence. I argue that Husserl’s (...) acquaintance with Lotze’s epistemology forms a separate layer of influence, and that this layer cannot antedate the middle of the decade before the Logical Investigation. Husserl’s investigation of Lotze’s epistemology constitutes the most interesting aspect of the unpublished text that underlies the missing chapter from the Logical Investigations. I show that the most relevant influence of Lotze’s epistemology on Husserl lies in Lotze’s idea of the formal and real significance of logical laws. Although Husserl negatively evaluated Lotze’s epistemological problem both in the planned chapter and in other printed parts of the Logical Investigations, the problem repeatedly surfaced during Husserl’s Göttingen period. Finally, I use an unpublished student transcript to reconstruct Husserl’s SS 1912 seminar on Lotze’s epistemology. I argue that the deeper dimension of Lotze’s epistemological problem (and Husserl’s rejection of it) lies in the way that it highlights the epistemological function of phenomenology. (shrink)

Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of co-operative community life, the book presents a vision of law that facilitates rather than frustrates politics, an (...) anlysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision based on the recognition of shared humanity. (shrink)

In connection with the discussion on the problem of logic, both within our country and abroad , it has already turned from the general, comparatively abstract, and difficult-to-resolve problem of the "relationship between formal logic and dialectics" to the more concrete problem of the functional scope of formal logic. Some people have even utilized special articles to inquire about a certain law in formal logic: the functional scope of the law of identity or the law of contradiction. The purpose of (...) these philosophers or logicians is to try to define the functional scope of a certain law in formal logic as a starting point, and then to proceed to study the functional scope of formal logic in the entire thinking process of mankind. If the functional scope of formal logic in mankind's entire thinking process is clearly and precisely defined, the solution of this complicated problem of the "relationship between formal logic and dialectics" would certainly not be very difficult. The basic purpose of Comrade Chu-ko Yin-t'ung's article on the problem of "whether or not formal logic's law of contradiction can be contravened in the dialectical thinking process" of men, which appeared in issue No. 82 of the "Philosophy" supplement of Kuang-ming Daily on April 24, is like this. It should be considered as a rather practical method. But I do not quite agree with his basic points of argument and with his analysis of certain examples of dialectics. I intend to present my superficial views here and to study them with Comrade Chu-ko. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

There are two fundamentally distinct kinds of biological theorizing. "Formal biology" focuses on the relations, captured in formal laws, among mathematically abstracted properties of abstract objects. Population genetics and theoretical mathematical ecology, which are cases of formal biology, thus share methods and goals with theoretical physics. "Compositional biology," on the other hand, is concerned with articulating the concrete structure, mechanisms, and function, through developmental and evolutionary time, of material parts and wholes. Molecular genetics, biochemistry, developmental biology, and physiology, which are (...) examples of compositional biology, are in serious need of philosophical attention. For example, the very concept of a "part" is understudied in both philosophy of biology and philosophy of science. ;My dissertation is an attempt to clarify the distinction between formal biology and compositional biology and, in so doing, provide a clear philosophical analysis, with case studies, of compositional biology. Given the social, economic, and medical importance of compositional biology, understanding it is urgent. For my investigation, I draw on the philosophical fields of metaphysics and epistemology, as well as philosophy of biology and philosophy of science. I suggest new ways of thinking about some classic philosophy of science issues, such as modeling, laws of nature, abstraction, explanation, and confirmation. I hint at the relevance of my study of two kinds of biological theorizing to debates concerning the disunity of science. (shrink)

Since Leibniz first put forward the sufficient reason law in his philosophical work "The Monadology" (1914), the issue of the law of sufficient reason has aroused heated discussions in the field of logic in our country. The question of whether the law of sufficient reason is the basic law of formal logic was particularly heated in the domestic logic circle in 1978-1980. Since then, there has been little discussion, but from the newly compiled formal logic textbooks published one after another, (...) no consensus has been reached. Although they didn't agree on the question of "whether or not", the two sides elaborated their arguments in detail and put forward some new opinions, thus creating new conditions for solving this problem scientifically. Firstly, this paper analyzes the different viewpoints of both sides of the argument. Secondly, it analyzes whether the law of sufficient reason is the basic law of formal logic from whether Leibniz put forward the law of sufficient reason. Finally, on this basis, a new transformation method is put forward. After this transformation, the law of sufficient reason is an important basic law of deductive logic, which can be juxtaposed with the other three logical laws, such as identity, and coordinated with the "three laws" and complement each other. (shrink)

Law search is fundamental to legal reasoning and its articulation is an important challenge and open problem in the ongoing efforts to investigate legal reasoning as a formal process. This Article formulates a mathematical model that frames the behavioral and cognitive framework of law search as a sequential decision process. The model has two components: first, a model of the legal corpus as a search space and second, a model of the search process that is compatible with that environment. The (...) search space has the structure of a “multi-network”—an interleaved structure of distinct networks—developed in earlier work. In this Article, we develop and formally describe three related models of the search process. We then implement these models on a subset of the corpus of U.S. Supreme Court opinions and assess their performance against two benchmark prediction tasks. The first is to predict the citations in a document from its semantic content. The second is to predict the search results generated by human users. For both benchmarks, all search models outperform a null model with the learning-based model outperforming the other approaches. Our results indicate that through additional work and refinement, there may be the potential for machine law search to achieve human or near-human levels of performance. (shrink)

This article presents a formal dialogue game for adjudication dialogues. Existing AI & law models of legal dialogues and argumentation-theoretic models of persuasion are extended with a neutral third party, to give a more realistic account of the adjudicator’s role in legal procedures. The main feature of the model is a division into an argumentation phase, where the adversaries plea their case and the adjudicator has a largely mediating role, and a decision phase, where the adjudicator decides the dispute on (...) the basis of the claims, arguments and evidence put forward in the argumentation phase. The model allows for explicit decisions on admissibility of evidence and burden of proof by the adjudicator in the argumentation phase. Adjudication is modelled as putting forward arguments, in particular undercutting and priority arguments, in the decision phase. The model reconciles logical aspects of burden of proof induced by the defeasible nature of arguments with dialogical aspects of burden of proof as something that can be allocated by explicit decisions on legal grounds. (shrink)

Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...) holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)

The central argument for functionalism is the so-called argument from multiple realizations. According to this argument, because a functionally characterized system admits a potential infinity of structurally diverse physical realizations, the functional organization of such systems cannot be captured in a law-like manner at the level of physical description (and, thus, must be treated as a principally autonomous domain of inquiry). I offer a rebuttal of this argument based on formal modeling of its premises in the framework of automata theory. (...) In this formal model I exploit the so-called minimal (universal) realizations of automata behaviors to show that the argument from multiple realizations is not just invalid but is refutable, in the sense that its premises (when made formally precise) entail the very opposite of the functionalist's conclusion. (shrink)

International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to explore the moral (...) commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines have begun to engage with one another more. This discussion among international lawyers and philosophers addresses the promises of and challenges to interdisciplinary approaches to global justice. The contributors consider the added value of philosophical inquiry to issues facing international law practitioners or scholars, the salience of of international law for political philosophy, and the methodological distinctions between the two fields. The contributors also identify promising lines and examples of interdisciplinary scholarship. (shrink)

The characteristic difference between laws and accidental generalizations lies in our epistemic or inductive attitude towards them. This idea has taken various forms and dominated the discussion about lawlikeness in the last decades. Likewise, the issue about ceteris paribus conditions is essentially about how we epistemically deal with exceptions. Hence, ranking theory with its resources of defeasible reasoning seems ideally suited to explicate these points in a formal way. This is what the paper attempts to do. Thus it will turn (...) out that a law is simply the deterministic analogue of a sequence of independent, identically distributed random variables. This entails that de Finetti's representation theorems can be directly transformed into an account of confirmation of laws thus conceived. (shrink)

In this paper several recent factor- and dimension-based models of precedential constraint are formally investigated and an alternative dimension-based model is proposed. Simple factor- and dimension-based syntactic criteria are identified for checking whether a decision in a new case is forced, in terms of the relevant differences between a precedent and a new case, and the difference between absence of factors and negated factors in factor-based models is investigated. Then Horty’s and Rigoni’s recent dimension-based models of precedential constraint are critically (...) examined. An alternative to their reason models is proposed which is less expressive but arguably easier to apply in practice. (shrink)