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The Rule of Law and Its Predicament

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Abstract:

Abstract. 

The purpose of this paper is to assess the validity of the Razian conception of the rule of law by subjecting it to the acid test of Michel Troper's “realist theory of interpretation.” The author argues that, in light of the Wittgensteinian view of rule-following, a serious indeterminacy can be seen as inherent in both this conception of the rule of law and Troper's theory of interpretation.

Document Type: Research Article

DOI: https://doi.org/10.1111/j.1467-9337.2004.00279.x

Publication date: 2004-12-01

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