H. L. A. Hart and the ‘Open Texture’ of Language
H. L. A. Hart and the ‘Open Texture’ of Language
Both Hart and Weismann wrote on the existence of ‘open texture’ within the circumstantial gaps of human-flawed rules and practical perception. Weismann derived the term from his approach to Wittgenstein's philosophy, and argued on the general vagueness of the language. H.L.A. Hart argued on judicial interpretation between formalism and rule-scepticism that legal rules have an applicable meaning in accordance with the depending situation, but the problem lies within the language vagueness in interpreted application. The chapter discusses Hart's view on the nature of language, rules and rule application.
Keywords: Hart, Weismann, open texture, formalism, judicial interpretation, legal rules, language vagueness
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