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Tom Morawetz's “Robust Enterprise”: Jurisprudence after Wittgenstein

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Abstract:

Abstract

I examine one theme within Tom Morawetz's complex jurisprudential work (stemming from Wittgenstein): the concept of a practice. After considering this theme in some detail, I then sketch a different jurisprudential approach that still proceeds within the inspiration of Wittgenstein's later philosophy. Here, I summarise Stanley Cavell's elaborate recounting of Wittgenstein's twin concepts, “criteria” and “grammar.” In a third and final section, I employ this alternative method to provide a brief example of how a Wittgensteinian approach might be made towards explicating and understanding Holmes’ classic claim regarding the need in jurisprudence to separate legal and moral concepts.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9205.2006.00284.x

Publication date: April 1, 2006

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