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Law, Language, and Legal Determinacy$
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Brian Bix

Print publication date: 1995

Print ISBN-13: 9780198260509

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260509.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
Law, Language, and Legal Determinacy
Author(s):

Brian Bix

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198260509.003.0001

The following discussion is a collaboration of legal theory and philosophy. Misguided emphasis on legal interpretation distorts the understanding of law. In definition, legal law is an interpretation in aid of practical reasoning which is both influenced by and influences the distribution power among branches of government and between government and citizenry. Issues regarding this involve enquiries into the nature of language. Many other factors play significant roles in the legal process. The chapter first explains the relationship of language and law in answering the questions of legal determinacy and three approaches are presented: (1) the legal positivism of H.L.A. Hart saw language as a restricting agent on legal formalism that explains the judicial discretion, (2) the interpretative approach of Ronald Dworkin falls under the belief that any language-created problems could be circumvented, and (3) the metaphysical realism of Michael Moore reviewed language as a path to finding the correct result and held that temptation towards the wrong path must be overcome.

Keywords:   legal theory, philosophy, legal interpretation, legal law, practical reasoning, language, legal determinacy, legal positivism, interpretative approach, metaphysical realism

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