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Language Game, Context Principle and Anti-Scientism: A Wittgensteinian Reading of Hart’s Legal Philosophy(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2013年02期
Page:
13-
Research Field:
Publishing date:

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Title:
Language Game, Context Principle and Anti-Scientism: A Wittgensteinian Reading of Hart’s Legal Philosophy
Author(s):
SHAN Feng
Keywords:
language game context principle internal and external statements in law anti-scientism
PACS:
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DOI:
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Abstract:
Hart’s legal philosophy has many contacts with the philosophy of language of later Wittgenstein. This is a key to the understanding of Hart’s legal theory. Therefore, based on the investigation of the relation between Hart’s thought and Wittgenstein’s, the author makes a Wittgensteinian reading of Hart’s legal theory from two aspects of Wittgenstein’s thought on “language game”, i.e., “context principle” and the diversity of language game. This reading will facilitate the understanding of Hart’s legal theory, especially his thought on the internal and external statements in law and the philosophical implication of anti-scientism of Hart’s legal theory, which is of great theoretical significance and practical value in the operation of legal language in ordinary life.

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Last Update: 2013-04-30