Dworkin and Phenomenology of the “Pre-Legal”?
Article first published online: 3 AUG 2012
DOI: 10.1111/j.1467-9337.2012.00520.x
© 2012 The Author. Ratio Juris © 2012 Blackwell Publishing Ltd.
Additional Information
How to Cite
GOORDEN, D. (2012), Dworkin and Phenomenology of the “Pre-Legal”?. Ratio Juris, 25: 393–408. doi: 10.1111/j.1467-9337.2012.00520.x
Publication History
- Issue published online: 3 AUG 2012
- Article first published online: 3 AUG 2012
- Abstract
- Article
- References
- Cited By
Abstract
Ronald Dworkin states in his preface to “Law's Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that is a Phenomenology of the Pre-Legal.

1467-9337/asset/RAJU_left.gif?v=1&s=c562cd678f15fd5f05db1d364cdf3e65c9b48560)
1467-9337/asset/RAJU_right.gif?v=1&s=0c1b6db43d1d8bde5f9169959b1337753b5cba71)
