Dworkin and Phenomenology of the “Pre-Legal”?
Article first published online: 3 AUG 2012
© 2012 The Author. Ratio Juris © 2012 Blackwell Publishing Ltd.
Volume 25, Issue 3, pages 393–408, September 2012
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
- Issue published online: 3 AUG 2012
- Article first published online: 3 AUG 2012
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.