What is practical about law? Contemporary legal philosophy on legal practice
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Weronika Dzięgielewska
Abstract
The paper aims at addressing the problem of how the legal philosophers use the concept of practice when describing law, and why ‘practice-oriented’ outlook on law can bring about more complex understanding of the social dimension of law. Thus, the authors analyse the accounts of central figures in legal theory that employ the concept of legal practice (among others Hart, Dworkin, Raz or Pavlakos). More specifically, the research includes metatheoretical remarks on the vocabularies privileged by authors of the theories in scope, when it comes to usage of the notion of “legal practice”. It is also observed that these theories remain unsatisfactory as to explaining who the subject of the legal practice is.
Abstract
The paper aims at addressing the problem of how the legal philosophers use the concept of practice when describing law, and why ‘practice-oriented’ outlook on law can bring about more complex understanding of the social dimension of law. Thus, the authors analyse the accounts of central figures in legal theory that employ the concept of legal practice (among others Hart, Dworkin, Raz or Pavlakos). More specifically, the research includes metatheoretical remarks on the vocabularies privileged by authors of the theories in scope, when it comes to usage of the notion of “legal practice”. It is also observed that these theories remain unsatisfactory as to explaining who the subject of the legal practice is.
Kapitel in diesem Buch
- Frontmatter I
- Contents V
- Introduction 1
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Section 1: Investigating legal interpretation and argumentation
- The Dulac affair and the triple game of contemporary art 9
- Argumentation, rhetoric and legal justification. The case of Poland’s Constitutional Tribunal ruling on abortion 29
- The pragmatics of evidence discourse: Ostensive acts 47
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Section 2: Looking at language to investigate legal challenges
- Illusions of a common Language: Impressions of an arbitration practitioner 67
- Pragmatic features of Italian court proceedings 79
- Politeness Matters: What honorifics can tell us about accuracy in Japanese-English court interpreting 91
- Textual representation as a conceptual tool: Big data analysis of legal language 117
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Section 3: Theories of sense and meaning for legal investigations
- What is practical about law? Contemporary legal philosophy on legal practice 145
- Natural semantic (legal?) metalanguage. What can legal theory learn from Anna Wierzbicka? 173
- Index 205
Kapitel in diesem Buch
- Frontmatter I
- Contents V
- Introduction 1
-
Section 1: Investigating legal interpretation and argumentation
- The Dulac affair and the triple game of contemporary art 9
- Argumentation, rhetoric and legal justification. The case of Poland’s Constitutional Tribunal ruling on abortion 29
- The pragmatics of evidence discourse: Ostensive acts 47
-
Section 2: Looking at language to investigate legal challenges
- Illusions of a common Language: Impressions of an arbitration practitioner 67
- Pragmatic features of Italian court proceedings 79
- Politeness Matters: What honorifics can tell us about accuracy in Japanese-English court interpreting 91
- Textual representation as a conceptual tool: Big data analysis of legal language 117
-
Section 3: Theories of sense and meaning for legal investigations
- What is practical about law? Contemporary legal philosophy on legal practice 145
- Natural semantic (legal?) metalanguage. What can legal theory learn from Anna Wierzbicka? 173
- Index 205
