CEU Electronic Theses and Dissertations, 2023
| Author | Landay, Noah Daniel |
|---|---|
| Title | Why There is No Problem of Normative Legal Language: A Reply to Joseph Raz |
| Summary | We readily use normative terms to make claims about the law and legal situations. The same is true of moral claims. Legal philosopher Joseph Raz saw this as a problem for legal positivism and proposed a solution which he called the doctrine of statements from a point of view. Here I argue that his solution fails to work, and further that the problem itself is false. I explain the conceptual error that underlies Raz’s alleged discovery of the problem by drawing from the work of Ludwig Wittgenstein and show how Wittgenstein offers a better framework for thinking about normative language. |
| Supervisor | Ben-Yami, Hanoch |
| Department | Philosophy MA |
| Full text | https://www.etd.ceu.edu/2023/landay_noah.pdf |
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