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Law, Language, and Legal Determinacy download epub

by Brian Bix


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Brian Bix. This book discusses one of the central problems in the philosophy of law-the question of legal determinacy.

Brian Bix. 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 proposed by various recent legal theories is unnecessary.

By Brian Bix. No cover image. In looking at the question of legal determinacy, I use examples from three different approaches to legal theory: H. L. A. Hart's legal positivism, the interpretative approach of Ronald Dworkin, and the metaphysical realism of Michael Moore.

See all Product description. Hart's "open texture" to Ronald Dworkin's "legal answer thesis", the philosophy subjacent to the legal debate is exposed and revisited.

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 proposed by various recent legal theories is unnecessary.

ISBN13:9780198260509.

4 Bix defends this reading despite a note Hart wrote him in which he explicitly endorsed the second reading (p. 24. 24). Can we conclude that the way philosophical texts should be read is by their best light and not by direct intent? . Bix concedes, as all should, that some interpretations of, say, the equal protection clause seem natural to us, but would have seemed preposterous a generation ago, and that what may affect this are political and ideological changes, as the CLS people claim: (p. 45).

Is the law a seamless web or are there gaps? Are there indeterminacies and lacunae in the law and, if so, what causes them? These issues are traditionally taken to depend on the application of various considerations, from the theory of meaning and the philosophy of mind to legal contexts. They are extensively discussed in this book, with particular emphasis on the work of Hart, Wittgenstein and Dworkin. Format Hardback 226 pages.

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 proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He explores in depth the relationship to legal theory of Hart's influential idea of "open texture," Dworkin's interpretative approach to law, and Wittgenstein's philosophy.
Law, Language, and Legal Determinacy download epub
Medicine & Health Sciences
Author: Brian Bix
ISBN: 0198257902
Category: Other
Subcategory: Medicine & Health Sciences
Language: English
Publisher: Oxford University Press (December 9, 1993)
Pages: 232 pages