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Dworkin in the Desert of the Real


David Gray Carlson


Yeshiva University - Benjamin N. Cardozo School of Law

March 1, 2005

Cardozo Legal Studies Research Paper No. 105

Abstract:     
Dworkin's positivist critics have charged that he errs in supposing that the philosophy of law and the philosophy of language have any connection. This paper argues that Dworkin is exactly right to deny a split between law and language. But there is an incommensurability in Dworkin's jurisprudence which Dworkin is well aware of: the split between theory and practice, between being and doing. This incommensurability means that Dworkin's jurisprudence is of the highest interest to law and psychoanalysis. It also makes Dworkin the noir philosopher of our age, as adjudication is subjected to what psychoanalysis calls the "ethics of the real."

Number of Pages in PDF File: 24

Keywords: jurisprudence, Dworkin, positivism, psychoanalysis, objectivity

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Date posted: March 8, 2005  

Suggested Citation

Carlson, David Gray, Dworkin in the Desert of the Real (March 1, 2005). Cardozo Legal Studies Research Paper No. 105. Available at SSRN: http://ssrn.com/abstract=681554 or http://dx.doi.org/10.2139/ssrn.681554

Contact Information

David Gray Carlson (Contact Author)
Yeshiva University - Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0210 (Phone)
212-790-0205 (Fax)

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