| 1. |
- Lindahl, Lars, et al.
(författare)
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Intermediaries and intervenients in normative systems
- 2008
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Ingår i: Journal of Applied Logic. - : Elsevier BV. - 1570-8683 .- 1570-8691. ; 6:2, s. 229-250
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Tidskriftsartikel (refereegranskat)abstract
- Many concepts in legal texts are “intermediaries”, in the sense that they serve as links between statements of legal grounds, on one hand, and of legal consequences, on the other. In our paper, an algebraic representation of normative systems is used for distinguishing between different kinds of intermediaries and making the idea of a joining between grounds and consequences more precise. In Section 1, the idea of intermediaries is presented and earlier discussions of the subjects are outlined. In Section 2, we introduce the algebraic framework and develop the formal theory. After introducing our approach to the representation of a normative system, we here present a theory of “intervenients”, seen as a tool for analysing intermediaries. In Section 3, dealing with applications, after presenting a model of the formal theory, suited for the analysis of concepts in normative systems, we apply the theory to a number of examples, introduced in the first part. Finally, in Section 4, we make some remarks on the methodology of intermediate concepts.
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| 2. |
- Lindahl, Lars, et al.
(författare)
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Intermediate concepts in normative systems
- 2006
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Ingår i: Deontic Logic and Artificial Normative Systems. - Berlin : Springer. - 9783540358428
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Konferensbidrag (refereegranskat)abstract
- In legal theory, a well-known idea is that an intermediate concept like 'ownership' joins a set of legal consequences to a set of legal grounds. In our paper we attempt to make the idea of a joining between grounds and consequences more precise by using an algebraic representation of normative systems earlier developed by the authors. In the first main part the idea of intermediate concepts is presented and earlier discussions of the subjects are outlined. Subsequently, in the second main part, we introduce a more rigorous framework and develop the formal theory. In the third part the formal framework is applied to examples and some remarks on a methodology of intermediate concepts are given.
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| 3. |
- Lindahl, Lars, et al.
(författare)
-
Normative positions within an algebraic approach to normative systems
- 2004
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Ingår i: Journal of Applied Logic. - : Elsevier BV. - 1570-8683 .- 1570-8691. ; 2:1, s. 63-91
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Tidskriftsartikel (refereegranskat)abstract
- The formal analysis of normative systems as initiated by Alchourrón and Bulygin can be complemented by the analysis of normative positions as pursued by Kanger, Lindahl, Sergot and Jones. The paper is a step towards integrating the two approaches within an algebraic theory of so-called Boolean quasi-orderings (Bqo's). In the general Bqo theory presented, a number of theoretical tools are introduced and elucidated by theorems, in particular those of fragment, connection, coupling and pair coupling. Condition implication structures (cis's) are models of the Bqo theory used for the representation of normative systems. A system of normative positions is introduced as a special kind of cis. The final section is devoted to an example exhibiting a legal mini-system where a cis of normative positions (np-cis) is joined to a descriptive cis.
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| 4. |
- Lindahl, Lars, et al.
(författare)
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Normative systems and their revision: an algebraic approach
- 2003
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Ingår i: Artificial Intelligence and Law. ; 11:2-3, s. 81-104
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Tidskriftsartikel (refereegranskat)abstract
- The paper discusses normative systems and their revision within an algebraic framework. If a system is logically well-formed, certain norms, called connecting norms, determine the system as a whole. It is maintained that, if the system is well-formed, a relation at least as low as determines a lattice or quasi-lattice of its connecting norms. The ideas are presented mainly in the form of comments on a legal example concerning acquisition of movable property by extinction of another person's previous rights.
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| 5. |
- Lindahl, Lars, et al.
(författare)
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Strata of intervenient concepts in normative systems
- 2008
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Ingår i: Lecture Notes in Artificial Intelligence, LNAI. - Berlin, Heidelberg : Springer Berlin Heidelberg. - 0302-9743 .- 1611-3349. - 3540705244 - 9783540705246 ; LNAI 5076, s. 203-217
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Konferensbidrag (refereegranskat)abstract
- In a legal system, there are different strata of concepts exhibiting the pattern of a network. Our paper presents an algebraic representation of legal concepts as intermediate between factual events and circumstances on one hand, and deontic positions, on the other. In this representation, we use the notion of "intervenient" as a theoretical tool, defining intervenients in terms of weakest grounds and strongest consequences. Important features of intervenients are different kinds of "minimality", since minimality is relevant for the effective formulation of a normative system, as well as for changes in such a system. By distinguishing different kinds of minimality, a rudimentary typology of intervenients is obtained. The results are illustrated by a legal example concerning "ownership" as an intermediate concept.
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| 6. |
- Lindahl, Lars, et al.
(författare)
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Stratification of normative systems with intermediaries
- 2011
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Ingår i: Journal of Applied Logic. - : Elsevier BV. - 1570-8683 .- 1570-8691. ; 9:2, s. 113-136
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Tidskriftsartikel (refereegranskat)abstract
- Writing a contract with a specific content is a ground for purchase, purchase is a ground for ownership, ownership is a ground for power to dispose. Also power to dispose is a consequence of ownership, ownership is a consequence of purchase. etc. The paper presents a continuation of the authors' previous algebraic representation on ground - consequence chains in normative systems.The paper analyzes different kinds of "implicative closeness" between grounds and consequences in chains of legal concepts, in particular combinations of "weakest ground", "strongest consequence" and "minimal joining". The idea of a concept's being intermediate between concepts of two different sorts is captured by the technical notion of "intervenient", defined in terms of weakest ground and strongest consequence. Lattice theory is used for studying the links between different strata and the structure of intervenient strata. We focus on (1) intervenient minimality, (2) conjunctions and disjunctions of intervenients, (3) organic wholes of intervenients, and (4) a typology of different kinds of intervenients. Also (5), we pay attention to the properties of intervenients in a network of "strata". A legal example concerning grounds and consequences of "ownership" and "trust" is used to illustrate the application of the formal theory.
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