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The Rule of Law and Its Predicament
Author(s) -
HASEBE YASUO
Publication year - 2004
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.2004.00279.x
Subject(s) - indeterminacy (philosophy) , interpretation (philosophy) , rule of law , epistemology , philosophy , law , political science , linguistics , politics
. The purpose of this paper is to assess the validity of the Razian conception of the rule of law by subjecting it to the acid test of Michel Troper's “realist theory of interpretation.” The author argues that, in light of the Wittgensteinian view of rule‐following, a serious indeterminacy can be seen as inherent in both this conception of the rule of law and Troper's theory of interpretation.