Wittgenstein and Law

ISBN-13: 9780754622550 / Angielski / Twarda / 2004 / 496 str.

Dennis Patterson

Opis

Wittgenstein is described in the Oxford Companion to Philosophy as 'the leading analytical philosopher of the twentieth century, whose two major works altered the course of the subject'. This exceptional reference volume highlights and explores the extensive influence of Wittgenstein's work on contemporary legal philosophy.

Spis treści

Contents: What it means to follow a rule of law, Philip Bobbitt; Normativity and objectivity in law, Dennis Patterson; Understanding disagreement, the root issue of jurisprudence: applying Wittgenstein to positivism, critical theory and judging, Thomas Morawetz; The activity of being a lawyer: the imaginative pursuit of implications and possibilities, Thomas D. Eisele; Constitutional adjudication as a craft-bound excellence, Douglas Lind; Finding Wittgenstein at the core of the rule of recognition, Anthony J. Sebok; Focusing the law: what legal interpretation is not, Martin Stone; No easy cases?, Andrei Marmor; Ronald Dworkin's Right Answers Thesis through the lens of Wittgenstein, Louis E. Wolcher; The application (and mis-application) of Wittgenstein's rule-following considerations to legal theory, Brian Bix; Linguistic indeterminacy and the rule of law: on the perils of misunderstanding Wittgenstein, Christian Zapf and Eben Moglen; Wittgenstein, realism and CLS: undermining rule scepticism, Scott Landers; Name index.

O autorze

Dennis Patterson, Distinguished Professor of Law and Philosophy, Rutgers University, Camden, New Jersey, USA.