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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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H. L. A. Hart and the ‘Open Texture’ of Language

H. L. A. Hart and the ‘Open Texture’ of Language

(p.7) I H. L. A. Hart and the ‘Open Texture’ of Language
Law, Language, and Legal Determinacy

Brian Bix

Oxford University Press

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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