Law and the Ordinary: Hart, Wittgenstein, Jurisprudence

In: Telos, Heft 154, S. 99-118

Abstract

If H. L. A. Hart brings philosophy to jurisprudence, he does so through a tradition based on criticism and re-evaulation of what it means to do philosophy: ordinary language philosophy. This essay concentrates on the opening chapter of Hart's The Concept of Mind and claims that Hart's vision of jurisprudence, as found in chapter one, is a powerful adaptation of the relationship Ludwig Wittgenstein establishes between ordinary and metaphysical language. Adapted from the source document.