On the formal representation of rights relations. Remarks on the work of Stig Kanger and Lars Lindahl
type: Item
instance of: scholarly article
title: On the formal representation of rights relations. Remarks on the work of Stig Kanger and Lars Lindahl
zbMATH Open document ID: 0605.03003
DOI: 10.1007/BF00243391
published in: Journal of Philosophical Logic
publication date: 1986-01-01T00:00:00Z
review text: This paper discusses the formal representation of different kinds of ''rights relation'', developed by Stig Kanger and Lars Lindahl out of the classical work of Hohfeld. The comments fall under four main heads. (1) A suggestion for a notation by which the family of all possible kinds of ''rights relation'' between two parties, as defined by Kanger or as refined by Lindahl, can be represented in one fell swoop. (2) A comparison of the 'deontic' family, made up of relations of permission, prohibition, obligation and so forth, with the ''legally capacitative'' family, composed of relations of legal empowerment, disability and the like. (3) A general discussion of the advisability of seeking to incorporate in the formal representation the notion of 'interference', which figures prominently in Hohfeld's conceptualization setting out the reasons why, in the author's view, Kanger and Hohfeld were well-advised not to undertake such a task. (4) An evaluation of the extent to which the approach of Kanger and Lindahl fails to model the notion of a counterparty to a rights relation, and thus fails to capture full relationality as envisaged by Hohfeld. The author gives a suggestion as to how bearers and counterparties might be suitably indexed in a formal representation, and discuss some of the logical principles that seem to hold, and fail, for the indexed notions.
Mathematics Subject Classification ID: 03A05
Mathematics Subject Classification ID: 03B45
zbMATH DE Number: 3976990
zbMATH Keywords: logic of norms
zbMATH Keywords: deontic logic
zbMATH Keywords: permission
zbMATH Keywords: obligation
zbMATH Keywords: counterparty
author: David Makinson
MaRDI profile type: Publication
full work available at URL: https://doi.org/10.1007/bf00243391
OpenAlex ID: W1601482306
description: scientific article; zbMATH DE number 3976990