1st Edition

Wittgenstein and Law

Edited By Dennis Patterson Copyright 2004
    496 Pages
    by Routledge

    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.

    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.

    Biography

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