Between Theory and Practice: A Dilemma for the Morawetz-Wittgenstein View of Law
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
Publication date: 2006-04-01