Tom Morawetz's Robust Enterprise: Jurisprudence after Wittgenstein
Philosophical Investigations, Vol. 29, p. 140, 2006
Posted: 27 Feb 2006
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
Suggested Citation: Suggested Citation