Dworkin in the Desert of the Real

24 Pages Posted: 8 Mar 2005  

David Gray Carlson

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: March 1, 2005

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."

Keywords: jurisprudence, Dworkin, positivism, psychoanalysis, objectivity

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: https://ssrn.com/abstract=681554 or http://dx.doi.org/10.2139/ssrn.681554

David Gray Carlson (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

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