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Between Theory and Practice: A Dilemma for the Morawetz-Wittgenstein View of Law

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Abstract:

Abstract

Drawing deeply from Wittgenstein's later works, Thomas Morawetz has articulated a vision of legal decision making according to which it is not a defect, but inherent in the very nature of law, for there to be disagreement among judges regarding their legal decision-making strategies. Central to Morawetz's account is the notion of a legal grammatical proposition. This essay argues that because legal grammatical remarks lack any truth-value, they cannot play a justificatory role. This would imply that the rule of law is no more justifiable than the violent alternatives used by anarchists and religious fanatics.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9205.2006.00282.x

Publication date: April 1, 2006

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