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Language, Meaning and the Law$
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Chris Hutton

Print publication date: 2009

Print ISBN-13: 9780748633500

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748633500.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 14 October 2019

Legal Theory and Language

Legal Theory and Language

Chapter:
(p.9) 1 Legal Theory and Language
Source:
Language, Meaning and the Law
Author(s):

Christopher Hutton

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748633500.003.0002

This chapter offers a brief introduction to topics and approaches in legal theory and language. It offers a critical summary of the differences between natural law and legal positivism, describes in outline the formalist position as opposed to the realist, summarizes the idea of the rule of law in liberal ideology, and shows how this idea of the relative autonomy of the legal system and legal language comes under attack in radical approaches to law. It then looks at how the law and economics framework might deal with linguistic questions, and contrasts the different understanding of law and language in Luhmann and Habermas. The fundamental issue at stake is the notion of law's autonomy.

Keywords:   Natural law, Legal positivism, Formalism, Realism, Critical Legal Studies, Critical Race Theory, Law and economics, Niklas Luhmann, Jürgen Habermas, Autonomy

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