By Brian Bix
ISBN-10: 0198260504
ISBN-13: 9780198260509
This booklet discusses one of many primary difficulties within the philosophy of law--the query of criminal determinacy. Is the legislation a unbroken internet or are there gaps? Bix argues that the main re-thinking of the typical and "common experience" perspectives approximately legislations which have been proposed by way of a number of contemporary criminal theories makes no sense. He deals a reconsideration of the function of language within the legislations, and how rules approximately language were used and misused in fresh felony conception. He explores extensive the connection to felony conception of Hart's influential proposal of "open texture," Dworkin's interpretative method of legislations, and Wittgenstein's philosophy.
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Additional info for Law, Language, and Legal Determinacy (Clarendon Paperbacks)
Example text
4 While these are interesting questions, we will generally sidestep them, seeing “legal system” as referring to the set of laws and other legal norms within a referenced jurisdiction, even if that jurisdiction is subservient to, or not wholly separate from, another. Another wrinkle is that I am using “jurisdiction” here not in its strictest legal sense, in which a single legal system can have multiple jurisdictions. S. federal justice system. 18) is a distinct legal system. Rather, I am using the term here as a placeholder for however one’s favorite legal theory explains what unifies a set of legal norms into one system.
The ever-present danger of this is that jurisprudents who are partisans of their favorite theories might be tempted to have their judgments about what counts as a legal system colored by their theories. However, the community of legal and jurisprudential scholars helps to keep its members on the right path. Scholars not over-awed by their own conclusions, or those of their mentors, do well to see a good reason to revisit their existing theory when they find a coalescing of opinion that a given newly discovered or newly imagined system counts as law but is not yet explained by their theory.
9) David Hume, A Treatise of Human Nature (printed for John Noon 1739), bk 3, pt 1, § 1, 27. (10) Jules Coleman notes that a hammer’s function is likely integral to our concept of it, notwithstanding the fact that it might have other uses: Coleman, Practice of Principle 194. For an attempt (to my mind unsuccessful) to explain the concept of a hammer without reference to its function see Sylvie Delacroix, ‘Six Paths to Vertigo-Free Legal Theory’ in Michael Freeman and Ross Harrison (eds), Law and Philosophy, vol.