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Introduction | ||
Language and Law | 1 | |
Interpretation in Context | 2 | |
Language and Context | 4 | |
An Overview | 6 | |
1 | H. L. A. Hart and the 'Open Texture' of Language | |
Hart's Discussion of 'Open Texture' | 7 | |
Waismann's Discussion of 'Open Texture' | 10 | |
Waismann and Wittgenstein | 14 | |
Hart on 'Open Texture' - Revisited | 17 | |
'Open Texture' and Judicial Discretion | 18 | |
Hart on 'Open Texture' - In Conclusion | 22 | |
'Gaps', 'Extra-Legal Sources', and Discretion | 25 | |
An Overview of the Critics | 28 | |
2 | The Application (And Mis-Application) of Wittgenstein's Rule-Following Considerations to Legal Theory | |
The Rule-Following Considerations - A Summary | 38 | |
Disagreement and 'Forms of Life' | 41 | |
Over-Readings of Wittgenstein I: Langille | 45 | |
Over-Readings of Wittgenstein II: Patterson | 50 | |
Hard Cases and 'Contested Concepts' | 53 | |
Concepts and Conceptions | 59 | |
3 | Clear Cases | |
The Idea of Easy Cases | 63 | |
Language and Discourse | 71 | |
Language and Dialect | 73 | |
4 | Ronald Dworkin's Right Answer Thesis | |
The Concept of 'Right Answers' | 78 | |
The Scope of a Right Answer Thesis | 88 | |
Incommensurability | 96 | |
Interpretation and Disagreement | 106 | |
Interpretation and Consensus | 111 | |
Different Perspectives in Law | 118 | |
The Role of 'Purpose' | 120 | |
Intention and Interpretation | 129 | |
5 | Michael Moore's Metaphysical Realism | |
Metaphysical Realism | 134 | |
Summary of Moore's Position | 137 | |
The Problem About 'Death' | 140 | |
Changing Beliefs and Changed Concepts | 146 | |
Wittgenstein's Critique of Metaphysical Realism | 148 | |
Moore's Project: A Second Look | 151 | |
Two Additional Criticisms | 154 | |
Summary of Brink's Position | 157 | |
Criticism of Brink | 160 | |
The Kripke-Putnam Theory of Reference | 162 | |
A Further Look at Natural Kinds | 168 | |
Alternatives to Natural-Kinds Analysis | 171 | |
Response to Moore | 174 | |
6 | A Summing-Up | |
Threads in the Rope | 178 | |
On Intention in Law | 183 | |
The Meaning of 'Law' | 190 | |
The Status of the Claims and the Temptation of Relativism | 195 | |
Bibliography | 199 | |
Index | 217 |
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Add Law, language, and legal determinacy, This book discusses one of the central problems in the philosophy of law—the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and common sense views about law that have been , Law, language, and legal determinacy to the inventory that you are selling on WonderClubX
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Add Law, language, and legal determinacy, This book discusses one of the central problems in the philosophy of law—the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and common sense views about law that have been , Law, language, and legal determinacy to your collection on WonderClub |