Law, Language, and Legal Deter...

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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.

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Description

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.

Additional information

Authors

Brian Bix

Cover-Types

Paperback

ISBN/ISSN

9780198260509

Language

English

Pages

221

Publishers

Oxford University Press

Year of Publication

1993 A.D