- Using logic to analyse certain self-application of laws (using laws
to amend themselves) exposes a logical paradox. Some have used this to
argue that such self-amendment is not legal. But it has happened,
legally, in the past. Hence what it actually shows is that logical and
formal inference is not a good model of legality.
- law is an empirical subject -- if something is "legal"
(has legally been done in the past, that is, has been done and not
objected to by the legal process), yet is "illogical" -- well,
that just shows logic is not a good model in this case
- Law and logic are pursued for different reasons
- Logic, a study of the rules of argument, timeless, universal, anyone
can suggest new logics -- mathematics
- law: has a purpose (not just a game), and timescales (have to decide
on a ruling by a date), it can change, there are people who are
authorised to change the law, to apply the law -- engineering
- logic is merely one possible model of law: law can be paradoxical,
contradictory, without being unworkable
- What makes something legal is not logic and formal inference, it is
acceptance, or consent.
- law has to be applied/enforced
- Nomic -- a game where a move (at least initially!) is to change to
rules. Early version in a Scientific
American column
This book is currently out-of-print, but available
on the author's web site, which is where I found it.