Tom Morawetz's Robust Enterprise: Jurisprudence after Wittgenstein
Thomas D. Eisele
University of Cincinnati - College of Law
Philosophical Investigations, Vol. 29, p. 140, 2006
U of Cincinnati Public Law Research Paper No. 06-01
I examine one theme within Tom Morawetz's complex jurisprudential work (stemming from Wittgenstein): the concept of a practice. After considering this theme in some detail, I then sketch a different jurisprudential approach that still proceeds within the inspiration of Wittgenstein's later philosophy. Here, I summarize Stanley Cavell's elaborate recounting of Wittgenstein's twin concepts, criteria and grammar. In a third and final section, I employ this alternative method to provide a brief example of how a Wittgensteinian approach might be made toward explicating and understanding Holmes' classic claim regarding the need in jurisprudence to separate legal and moral concepts.
Keywords: Jurisprudence, Wittgenstein, Philosophy
JEL Classification: K19
Date posted: February 27, 2006
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