Abstract

http://ssrn.com/abstract=1926926
 


 



On Open Texture of Law


Frederick Schauer


University of Virginia School of Law


Virginia Public Law and Legal Theory Research Paper No. 2011-35

Abstract:     
This paper, prepared for the University of Frankfurt Symposium on Defeasibility in Epistemology, Ethics, law and Logic, addresses the claim of H.L.A. Hart and others that law is open-textured. It is in the nature of law, they say, that it necessarily possesses an open texture going beyond the open texture of the language in which legal rules are written. But when we examine the question of open texture in light of Hart’s claim that the open texture of law entails the necessary defeasibility of legal rules, we discover that Hart and his followers are mistaken. Both the alleged open texture of law qua law (as opposed to the open texture occasioned by the open texture of the language used by law) and the defeasibility of legal rules are contingent features of certain legal rules in certain legal regimes, but neither are necessary components of the nature of law or the nature of rules.

Number of Pages in PDF File: 28

working papers series


Download This Paper

Date posted: September 13, 2011  

Suggested Citation

Schauer, Frederick, On Open Texture of Law. Virginia Public Law and Legal Theory Research Paper No. 2011-35. Available at SSRN: http://ssrn.com/abstract=1926926 or http://dx.doi.org/10.2139/ssrn.1926926

Contact Information

Frederick Schauer (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
434-924-6777 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 786
Downloads: 181
Download Rank: 96,314

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.312 seconds