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Stratification of normative systems with intermediaries

Lindahl, Lars LU and Odelstad, Jan (2011) In Journal of Applied Logic 9(2). p.113-136
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... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
strongest consequence, weakest ground, intervenient, intermediate concept, joining system, normative system, legal concept, organic whole, intervenient minimality, ownership, allmän rättslära, jurisprudence
in
Journal of Applied Logic
volume
9
issue
2
pages
113 - 136
publisher
Elsevier
external identifiers
  • wos:000290645100004
  • scopus:79954588886
ISSN
1570-8683
DOI
10.1016/j.jal.2010.01.002
language
English
LU publication?
yes
id
480a32f7-5548-4d9a-8079-fe939daa97b5 (old id 1939403)
date added to LUP
2011-05-06 08:16:50
date last changed
2017-01-01 08:00:25
@article{480a32f7-5548-4d9a-8079-fe939daa97b5,
  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.},
  author       = {Lindahl, Lars and Odelstad, Jan},
  issn         = {1570-8683},
  keyword      = {strongest consequence,weakest ground,intervenient,intermediate concept,joining system,normative system,legal concept,organic whole,intervenient minimality,ownership,allmän rättslära,jurisprudence},
  language     = {eng},
  number       = {2},
  pages        = {113--136},
  publisher    = {Elsevier},
  series       = {Journal of Applied Logic},
  title        = {Stratification of normative systems with intermediaries},
  url          = {http://dx.doi.org/10.1016/j.jal.2010.01.002},
  volume       = {9},
  year         = {2011},
}