Paradox of Self-Amendment by Peter Suber hold that the very premises of a legal system can be erected by contract must also hold, at least for that primordial covenant, the reflexive view of contract. 8. See Appendix 2. The Pennsylvania and Hawaii amendments merely renumbered the AC. The Minnesota amendment renumbered and reworded the AC but without intending to change it substantively. The North Dakota amendment merely rearranged the articles of the constitution, though with one effect that a court might find significant: the AC was put in the article on legislative power. North Dakota is now the only state in the country that "classifies" its amendment power in effect as a legislative power. The classification could influence future court decisions on the applicability of normal parliamentary procedures to amendment deliberations, the permissibility of "legislative" amendments, and the permissibility of an executive veto, to name just three. 9. More examples of the general problem of "more" of a quantity contradicting and neutralizing the original quantity are collected in Section 20.L. 10. The question arises when federal and state criminal statutes punish the same behavior but provide different maximum penalties. In the United States federal law is "supreme" and takes priority, usually by tests for inconsistency. The Australian federal (or commonwealth) statutes are made supreme by Section 109 of the Australian Constitution, which states, When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall to the extent of the inconsistency be invalid. Four excellent discussions of the tests of inconsistency that have developed under Section 109 are Howard Zelling, "Inconsistency Between Commonwealth and State Laws," Australian Law Review, 22 (1948) 45-51; Ilmar Tammelo, "Tests of Inconsistency Between Commonwealth and State Laws," Australian Law Journal, 30 (1957) 496-501; Allan Murray-Jones, "The Tests for Inconsistency Under Section 109 of the Constitution," Federal Law Review, 10 (1979) 25-52; and Gary R. Rumble, "The Nature of Inconsistency Under Section 109 of the Constitution," ibid., 11 (1980) 136-37. 11. Georg Henrik von Wright, Norm and Action, London, 1963, pp. 136-37. 12. Alf Ross, Directives and Norms, London, 1968. 13. For the view that modal logic, which underlies deontic logic, is far too immature and unsettled to solve the paradox of omnipotence, see P.T. Geach, "Omnipotence," Philosophy, 48 (1973) 7-20 at pp. 10-11. For a fragment of non-formal, historicized modal logic specially adapted to the paradox of omnipotence as it arises in law, see Section 21.C. 14. Lon Fuller, The Morality of Law, Yale University Press, 1964 at p. 65. 15. A good example is Ricardo Alberto Carracciolo, "Contradiction in the Legal System," Archiv für Rechts- und Sozialphilosophie, 64 (1979) 457-73. Carracciolo concludes, like Ross, that contradictions between laws prove that at least one of the contradictories is not valid law. See pp. 466ff; also see von Wright, op. cit. at pp. 203ff; Hans Kelsen, General Theory of Law and the State, Russell and Russell, 1961, at pp. 374-75. 16. Fuller, op. cit. Tammelo has probably done the most to apply and adapt modern logic to law. See his Outlines of Modern Legal Logic, Wiesbaden: Franz Steiner Verlag, 1969; Modern Logic in the Service of Law, Vienna: Springer Verlag, 1978; and of course, "The Antinomy of Parliamentary Sovereignty," Archiv für Rechts- und Sozialphilosophie, 44 (1958) 495-513; see also note 10 above. Dennis Lloyd, "Reason and Logic in the Common Law," Law Quarterly Review, 64 (1948) 468-84. A.G. Guest, "Logic in the Law," in A.G. Guest (ed.), Oxford Essays in Jurisprudence, A Collaborative Work, Oxford University Press, 1961, pp. 176-97. See also David Daube, "Greek and Roman Reflections on Impossible Laws," Natural Law Forum, 12 (1967) 1-84; Walter Wheeler Cook, The Logical and Legal Bases of the Conflict of Laws, Harvard University Press, 1942; John Dewey, "Logical Method and Law," Cornell Law Quarterly, 10 (1924) 17-27; Max Radin, Law as Logic and Experience, Archon Books, 1971; Edward Levi, Introduction to Legal Reasoning, University of Chicago Press, 1963; Joseph Horovitz, Law and Logic: A Critical Account of Legal Argument, Springer Verlag, 1972; Jovan Brkic, "Consistency, Completeness and Decidability with Respect to the Logic of Law and the Provability of Juristic Arguments," Archiv für Rechts- und Sozialphilosophie, 59 (1973) 473-97; Januchi Aomi, "The Regulative Function of Logic in Legal Decisions," Archiv für Rechts- und Sozialphilosophie, 59 (1973) 193-96. 17. Murray-Jones, op. cit. In almost all cases I have changed the wording used by Murray-Jones. 18. The deontic test may rely on two alternative theories: (1) that whatever is not forbidden is permitted, or (2) that only what is specifically permitted is permitted (or that whatever is not permitted is forbidden). The former view was embodied in the notation and equivalencies introduced in the text early in Section 12.C. For a defense of the latter as the correct legal position, see Ronald Moore, "Legal Permission," Archiv für Rechts- und Sozialphilosophie, 59 (1973) 327-46. 19. Fuller, op. cit. at p. 66. Eduardo Garcia Maynez asks the same question, and is more willing to answer that the situation described amounts to a contradiction, in "Some Considerations on the Problem of Antinomies in the Law," Archiv für Rechts- und Sozialphilosophie, 49, 1 (1963) 1-14, at p. 2. 95