Law and Truth

Hardcover
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Author: Dennis Patterson

ISBN-10: 0195083237

ISBN-13: 9780195083231

Category: Jurisprudence

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Taking up a single question—"What does it mean to say a proposition of law is true?"—this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice—the use of forms of legal argument—holds the key to legal meaning.

1Introduction: Realism, Anti-Realism, and Legal Theory32Legal Formalism: On the Immanent Rationality of Law223Moral Realism and Truth in Law434Legal Positivism595Law as Interpretation: The Jurisprudence of Ronald Dworkin716Law as an Interpretive Community: The Case of Stanley Fish997Truth in Law: A Modal Account1288Postmodern Jurisprudence151Afterword181Index183