Jump to ContentJump to Main Navigation
Law and Philosophy$
Users without a subscription are not able to see the full content.

Michael Freeman and Ross Harrison

Print publication date: 2007

Print ISBN-13: 9780199237159

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199237159.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 January 2020

Towards an Inferential Semantics in Jurisprudence

Towards an Inferential Semantics in Jurisprudence

Chapter:
(p.104) 6 Towards an Inferential Semantics in Jurisprudence
Source:
Law and Philosophy
Author(s):

Christoph Kletzer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199237159.003.0006

Starting from the perception that jurisprudence still predominantly but mostly unconsciously operates under the paradigm of logical empiricism, this chapter presents the following arguments: (i) logical empiricism is a doctrine that stands under fundamental tensions, namely between its logicistic and its empiristic tenets; (ii) Quine tried to solve this incompatibility by redefining the ambit of logicism and by saving empiricism in its redefined form of naturalism; (iii) Wilfrid Sellars, on the other hand, resolved the incoherence of logical empiricism by attacking its core thesis of empiricism as such; (iv) insight into Quine's arguments necessitate a move from legal positivism to legal naturalism; and (v) insight into Sellars' arguments necessitate a move from legal positivism to a non-empiricist theory of law of which so far we have only two (probably flawed) examples: Hegel's theory of Objective Spirit and Kelsen's Pure Theory of Law.

Keywords:   logical empiricism, Quine, logicism, Wilfrid Sellars, legal positivism, legal naturalism, Hegel, Objective Spirit, Kelsen, Pure Theory of Law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .