Chapter

H. L. A. Hart and the ‘Open Texture’ of Language

Brian Bix

in Law, Language, and Legal Determinacy

Published in print November 1995 | ISBN: 9780198260509
Published online March 2012 | e-ISBN: 9780191682100 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260509.003.0002

Series: Clarendon Paperbacks

H. L. A. Hart and the ‘Open Texture’ of Language

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Both Hart and Weismann wrote on the existence of ‘open texture’ within the circumstantial gaps of human-flawed rules and practical perception. Weismann derived the term from his approach to Wittgenstein's philosophy, and argued on the general vagueness of the language. H.L.A. Hart argued on judicial interpretation between formalism and rule-scepticism that legal rules have an applicable meaning in accordance with the depending situation, but the problem lies within the language vagueness in interpreted application. The chapter discusses Hart's view on the nature of language, rules and rule application.

Keywords: Hart; Weismann; open texture; formalism; judicial interpretation; legal rules; language vagueness

Chapter.  11355 words. 

Subjects: Jurisprudence and Philosophy of Law

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