Download Law, Language, and Legal Determinacy (Clarendon Paperbacks) by Brian Bix PDF
By Brian Bix
This publication discusses one of many valuable difficulties within the philosophy of law--the query of criminal determinacy. Is the legislations a continuing net or are there gaps? Bix argues that the foremost re-thinking of the typical and "common experience" perspectives approximately legislations which have been proposed via a variety of contemporary criminal theories is not sensible. He bargains a reconsideration of the position of language within the legislation, and how principles approximately language were used and misused in contemporary criminal conception. He explores intensive the connection to felony concept of Hart's influential notion of "open texture," Dworkin's interpretative method of legislations, and Wittgenstein's philosophy.
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Additional resources for Law, Language, and Legal Determinacy (Clarendon Paperbacks)
The problem, I would suggest, lies in the original premise, namely that the critic is a judge, a witness or a clerk. Accurately as this imagery may capture the historical phases of critique and the transformations it has undergone, when it is ascribed a quasi-conceptual or even normative content, it merely serves to reproduce the image of the critic as the detached enlightened observer, whose role is to cure the lumpen from their false consciousness, while he remains safe within the academic haven, where the virus of ideology does not reach.
The reality that the law creates and the alternatives to reality it offers would simply exist in the world of ideas, if it were not for the personal commitment of those who share the nomos. It is the strength of that commitment that determines the extent of law’s hegemony. ‘Law is the projection of an imagined future upon reality’ (Cover 1986, 1604). This alternity designed by the law is being substantiated through the transformation of word into action on behalf of the people. ‘Law’ is never just a mental or spiritual act.
It must reclaim its voice and language and the North must be prepared to listen to it carefully. Variations on the theme of critical legal pluralism Desmond Manderson goes further than de Sousa Santos and describes pluralism in even looser terms (Manderson 1996). He, correctly I think, accuses modernist legal theories (including positivism, theories advocating the connection of law with morality, as well as the critical legal studies movement, and most versions of legal pluralism) of reifying notions of order and coherence.