On the inference rules in legal logic

推论规则是逻辑学研究的核心内容。法律逻辑是一门应用逻辑,但它并不是形式逻辑的推论规则在法律领域中的简单运用,而是形式逻辑的推论规则加上法律领域中的特殊推论规则的结果。因此,法律逻辑中的推论规则与形式逻辑中的推论规则相比,既有共性的一面,又有个性的一面。其共性表现为形式逻辑的基本推论规则是构成法律逻辑中的推论规则必不可少的组成部分,其个性表现为法律逻辑中有着与形式逻辑中的推论规则所不具有的特殊推论规则——证明责任规则。     

Social ontology,practical reasonableness,and collective reasons for action

I argue that the ontology of human social institutions and collective intentionality could be anchored in the normative notion of ‘practical reasonableness’ as collective reason for action. This involves the deontic idea of mutuality, accepted rules, and shared attitudes of other‐regardedness. I examine John Searle's three primitive notions of social ontology: collective intentionality, assignment of social functions, and constitutive rules and procedures. I use these notions to provide a plausible basis for understanding how people reason, in order to arrive at practically reasonable decisions and collective agency. Searle argues that social reality, institutions, processes, and facts are grounded in collective intentionality and the acceptance of social rules, procedures, and functions. I argue that collective intentionality and socially accepted rules are anchored in the need for human interdependence that engenders the social rules and norms or attitudes of ‘practical reasonableness’. I analyze the concept of ‘practical reasonableness’ as a representation of human mode of reasoning that involves collective intentionality.     

Reasoning-based introspection

We show that if an agent reasons according to standard inference rules, the truth and introspection axioms extend from the set of non-epistemic propositions to the whole set of propositions. This implies that the usual axiomatization of partitional possibility correspondences is redundant, and provides a justification for truth and introspection that is partly based on reasoning.     

Beyond contradiction and consistency: A design for a dialectical policy system

It is only within the last ten years that the necessary technical machinery has been developed that enables us to construct models that even begin to approach the complexity of dialectical reasoning. This paper shows both the diversity and the complexity of the concepts that must be woven together in order to construct a dialectic ‘process logic’, i.e., a logic that unfolds over time. It utilizes such concepts as Rescher's and Manor's plausibility calculus, Toulmin's framework for argumentation, and Markov chains. The result is the essence of a design for a computer based dialectical policy system.     

Stability and Efficiency of Partitions in Matching Problems

We define two versions of stability and efficiency of partitions and analyze their relationships for some matching rules. The stability and efficiency of a partition depends on the matching rule φ. The results are stated under various membership property rights axioms. It is shown that in a world where agents can freely exit from and enter coalitions, whenever the matching rule is individually rational and Pareto optimal, the set of φ-stable and φ-efficient partitions coincide and it is unique: the grand coalition. Then we define a weaker version of stability and efficiency, namely specific to a given preference profile and find some negative results for stable matching rules.     

Dutch books and agent rationality

According to the Dutch Book Argument (DBA), if an agent's subjective probabilities fail to satisfy the axioms of the probability calculus and so make the agent vulnerable to a Dutch Book, the agent's subjective probabilities are incoherent and the agent is therefore irrational. Critics of DBA have argued, however, that probabilistic incoherence is compatible with various kinds of rationality – logico-semantic, epistemic, instrumental and prudential. In this paper, I provide an interpretation of DBA on which it is true that probabilistic incoherence entails agent irrationality. Articulating this interpretation requires the specification of some of the connections among the varieties of rationality. Once this is done, it becomes possible to vindicate a modest version of DBA.     

Provability as a deontic notion

The purpose of this paper is to mark a significant difference between classical and several non-classical prepositional calculi. The argument presupposes familiarity with Kripke/Hintikka semantics for modal logic. The non-classical systems are Hintikka's logic of belief and alethic modal systems which have Kripke/Hintikka semantics.The difference is marked by showing that the semantic validity operator in classical logic behaves as a normal alethic necessity-operator while the non-classical semantic validity operators behave as normal deontic ought-operators. The crucial step is showing that a formula, valid by non-classical semantics, can be falsified. I show that the negation of a non-classical thesis can be added to a consistent set of formulae without making the set inconsistent or any other set inconsistent. This is shown by observing that consistent sets of formulae do not need to be related to other consistent sets by any of the alternativeness relations of Kripke/Hintikka model structures for non-classical systems.The deontic behavior of non-classical semantical validity operators is interpreted as showing that being a thesis of a non-classical system means, not that the thesis is a logical truth, but that the thesis is the content of a norm on how we ought to use, crucial terms such as believe and necessity.The basic idea of this essay was sketched at the 1970 Spring Meetings of the Association of Symbolic Logic on April 15 at Madison Wisconsin.     

A short step between democracy and dictatorship

When preferences are defined over two alternatives and societies are variable, the group formed by the relative majority rule, the unanimity rule, the dictatorial rules, and the strongly dictatorial rules is characterized in terms of five axioms: unanimity, reducibility, substitutability, exchangeability, and parity. This result is used to provide characterizations of each of these rules by postulating separating axioms, that is, an axiom and its negation. Such axioms identify traits specifically differentiating a type of rule from the other types. For instance, majority differs from strong dictatorship in the existence of a society for which collective indifference should be a less likely outcome than the strict preference of one alternative over the other. As a second example, the difference between majority and strong dictatorship can be traced back to the requirement that the likelihood of collective indifference diminishes with the size of society.     

《型世言》程度副词句法语义分析

《型世言》中的程度副词与现代汉语程度副词既有相同的一面,又有不同的一面。《型世言》中的语言事实说明,不同的共时平面,程度副词的组合功能是不一样的。程度副词主要修饰谓语,做状语是它普遍的、经常的用法。还有一些可以做补语,其中共有“极、之极、甚、异常、不胜”5个程度副词。《型世言》中有少数程度副词如“极、更、越、一发、何等”有时可以异位位于整个谓语结构前,而不紧附在它所修饰的词语前。异位不只是为了使程度副词在行文中显得突出,同时也为了加强语气。《型世言》中程度副词的这种用法和近代汉语定中结构的定语和中心成分之间可以不加结构助词的语法规律是一致的。重视这些语法现象并把它们之间的不同揭示出来,对近代汉语程度副词以及整个汉语语法史的研究有着重要的意义。     

Bounds to Memory Loss

If we express our knowledge in sentences, we will find that these sentences are linked in complex patterns governed by our observations and our inferences from these observations. These inferences are to a large extent driven by logical rules. We ask whether the structure logic imposes on our knowledge restricts what we forget and what we remember. The model is a two period S5 logic. In this logic, we propose a memory loss operator: the agent forgets a sentence pif and only if he knows pat time 1 and he does not know pat time 2. Equipped with the operator, we prove theorems on the relation between knowledge and memory loss. The main results point to classes of formulas that an agent cannot forget, and classes of formulas he must forget. A desirable feature is that most results hold in the S4 logic. The results illustrate bounds to memory loss, and thus to bounded rationality. We apply the model to single-agent conventions: conventions made between an agent and himself.     

‘Disability is not a word we use’: Social workers' professional judgements about support for disabled young people leaving care

Disabled young people leaving care often experience a more complex transition to adulthood than other youths. Still, policy and services can fail to recognize the intersection between a young person's care experiences and disability. Drawing on data from a qualitative interview study with 14 social workers who work with aftercare in the Norwegian child welfare services, we investigate social workers' professional judgements about support for this subgroup of the leaving care population. Our analysis uses the theoretical construct of institutional logics and shows that social workers did not include concepts of disability in their judgements about support for these young people. Instead, the social workers' considerations were guided by three other organizing principles: a ‘medical logic’, an ‘activation logic’ and an ‘aftercare logic’. We discuss these findings in light of critical disability studies and argue for a more nuanced understanding of disability in social work practice with care leavers. Highlighting disability rights and going beyond diagnosis and categorisations of disabled people can challenge a medical model approach to service provision.     

法典的理解与语言逻辑初探

语言逻辑有助于人们对法典 (法律文本 )的有效理解。借助于摹状词逻辑、道义逻辑、量词逻辑、模态逻辑等现代语言逻辑的有关规律、规则、方法 ,人们可以在一定程度上消除对法典的歧解。     

Conditioning Capacities and Choquet Integrals: The Role of Comonotony

Choquet integrals and capacities play a crucial role in modern decision theory. Comonotony is a central concept for these theories because the main property of a Choquet integral is its additivity for comonotone functions. We consider a Choquet integral representation of preferences showing uncertainty aversion (pessimism) and propose axioms on time consistency which yield a candidate for conditional Choquet integrals. An other axiom characterizes the role of comonotony in the use of information. We obtain two conditioning rules for capacities which amount to the well-known Bayes' and Dempster–Schafer's updating rules. We are allowed to interpret both of them as a lack of confidence in information in a dynamic extension of pessimism. This revised version was published online in June 2006 with corrections to the Cover Date.     

Raising a true socialist individual: Yugoslav psychoanalysis and the creation of democratic Marxist citizens

This article explores the surprisingly successful development of psychoanalysis in socialist Yugoslavia, and the discipline’s relationship with both Western paradigms and Yugoslavia’s own theory of workers’ self-management. It focuses primarily on child psychotherapy and psychoanalysis, and their attempts at reforming traditional Balkan ‘authoritarian’ families and helping raise democratic Marxist citizens. It argues that Yugoslav psychiatrists and psychoanalysts developed their own version of revolutionary and activist psychoanalysis, which was meant to contribute to a broad political and cultural discussion in Yugoslavia about constructing a society based on genuine Marxist collective and individual emancipation, an alternative to both Stalinist state socialism and Western capitalism/liberal democracy. Many ‘psy’ professionals used overtly political language to frame their aims and experiences, and turned their consulting rooms into revolutionary sites. West European practices and theories of child psychoanalysis figured prominently in Yugoslav clinical discussions and practice, but they were regularly linked to the broader goals of Marxist revolutionary politics, workers’ self-management or socialist struggle against patriarchy or ‘bureaucratized’ political relations. Therefore, the Yugoslav experiment, in which a new activist psychoanalysis became mainstream and state-funded psychotherapy, remains central to understanding psychoanalysis as a tool for socio-political critique and activism in the second half of the twentieth century.     

Compulsory Income Management in the Northern Territory – evaluating its impact

Australia has been experimenting with constraining the ways in which welfare recipients can spend their income support payments, limiting their ability to access cash and purchase some products. The policy objectives include to reduce spending on alcohol, gambling, pornography and tobacco in favour of meeting ‘basic’ family needs, especially for children, to limit the scope for financial harassment, encourage pro‐social behaviours, and build financial capabilities. In the logic of the programs these outcomes are expected to be manifest at the individual, family and community levels. The policy has primarily impacted on Indigenous Australians as a result of its geographic targeting, although a recent report has recommended a more stringent version of the program be introduced universally to all welfare recipients other than the aged. The largest of these experiments is ‘New Income Management’ in the Northern Territory, which has had more than 35,000 participants since its introduction in 2010. This article reports on the key findings of the major independent evaluation of New Income Management commissioned by the Australian Government.     

Statistical quantifiers in observational calculi: An application in GUHA-methods

GUHA or general unary hypotheses automaton aims at generating automatically all relevant statements and generalizations about a field of research, for example, a chosen empirical field of social research. For that reason the concept of observational calculi and their relation to the theoretical level of social research is discussed. A statistical generalization of the observational calculus, statistical inference rules and ten generalized statistical quantifiers are defined and discussed. After this formal outline of the theory of GUHA methods, some applications of statistical quantifiers in GUHA methods are discussed. Finally, a bibliography of GUHA methods concludes the paper.     

Characteristic properties of FPTP systems

In this article, we model FPTP systems as social preference rules and give two characterizations. We show that a social preference rule is an FPTP system if, and only if, it satisfies the axioms of subset consistency, district consistency, subset cancellation, and district cancellation. The second characterization consists of the axioms of subset consistency, subset anonymity, neutrality, topsonlyness, Pareto optimality, district consistency and district cancellation. The characterizations give us an opportunity to compare the characteristic properties of FPTP systems to the characteristic properties that we found for list systems of proportional representation (list PR systems) in Hout et al. (Social Choice and Welfare, 27:459–475, 2006), where we modelled those systems also as social preference rules. We find that consistency and anonymity distinguish list PR systems from FPTP systems. On the other hand, it is district cancellation that distinguishes FPTP systems from list PR systems.     

The Cultural Relativity of Logic： From the Viewpoint of Ethnography and Historiography

广义论证概念扩大了逻辑家族成员,使之包括现代文化之外其他文化的逻辑,对阿赞得（Azande）人的田野考察报告,以及中国古代逻辑和佛学逻辑的研究成果,从描述的角度为“逻辑相对于文化”这一命题提供事实根据;采用演绎论证作为元方法说明现代文化中的逻辑和其他文化的逻辑在现代文化中的译本具有文化相对性;借助民族志和历史学研究成果说明其他文化的逻辑本身也具有的文化相对性;通过语言博弈和生活形式概念说明作为元方法的演绎论证同样具有文化相对性。     

Models of Disability, Work and Welfare in Australia

In discourse around disability there has been a shift away from a ‘medical model’, which perceives disability as an individual problem to be ‘cured’ or contained, towards a ‘social model’. The latter focuses on the relationship between people with disabilities and their social environment, locating the required interventions within the realm of social policy and institutional practice. Drawing upon a small qualitative study conducted in Melbourne, this article argues that recent plans by the Australian government to introduce mutual obligation requirements for recipients of the Disability Support Pension (DSP) sit in tension with this shift from the medical to the social models of disability. Mutual obligation is based on the assumption that income support recipients need to be taught how to be more ‘self‐reliant’, to ‘participate’ in society more fully and to become ‘active’, rather than ‘passive’, citizens. This language appears to overlap with that used to articulate a social model, which places emphasis on participation in the community and attempts a shift away from reliance on the medical profession. However, examples from interviews conducted with current and former DSP recipients demonstrate that, in practice, mutual obligation is likely to reinforce a medical model of disability, frame DSP recipients as ‘conditional’ citizens and ignore the obligations of the state and society regarding access and inclusiveness for people with disabilities.