Includes bibliographical references (pages 199-216) and index.
CONTENTS NOTE
Text of Note
Language and Law. Interpretation in Context. Language and Context. An Overview -- 1. H.L.A. Hart and the 'Open Texture' of Language. Hart's Discussion of 'Open Texture'. Waismann's Discussion of 'Open Texture'. Waismann and Wittgenstein. Hart on 'Open Texture' -- Revisited. 'Open Texture' and Judicial Discretion. Hart on 'Open Texture' -- In Conclusion. 'Gaps', 'Extra-Legal Sources', and Discretion. An Overview of the Critics -- 2. The Application (And Mis-Application) of Wittgenstein's Rule-Following Considerations to Legal Theory. The Rule-Following Considerations -- A Summary. Disagreement and 'Forms of Life'. Over-Readings of Wittgenstein I: Langille. Over-Readings of Wittgenstein II: Patterson. Hard Cases and 'Contested Concepts'. Concepts and Conceptions -- 3. Clear Cases. The Idea of Easy Cases. Language and Discourse. Language and Dialect -- 4. Ronald Dworkin's Right Answer Thesis. The Concept of 'Right Answers'. The Scope of a Right Answer Thesis. Incommensurability.
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Interpretation and Disagreement. Interpretation and Consensus. Different Perspectives in Law. The Role of 'Purpose'. Intention and Interpretation -- 5. Michael Moore's Metaphysical Realism. Metaphysical Realism. Summary of Moore's Position. The Problem About 'Death'. Changing Beliefs and Changed Concepts. Wittgenstein's Critique of Metaphysical Realism. Moore's Project: A Second Look. Two Additional Criticisms. Summary of Brink's Position. Criticism of Brink. The Kripke-Putnam Theory of Reference. A Further Look at Natural Kinds. Alternatives to Natural-Kinds Analysis. Response to Moore -- 6. A Summing-Up. Threads in the Rope. On Intention in Law. The Meaning of 'Law'. The Status of the Claims and the Temptation of Relativism.