About Intuition in Analytic Theories of Law
Contemporary analytic theories of law attempt to provide hermeneutic answers to the metaphysical question about the nature of law with intuition playing a pivotal role in these attempts. It is doubtful, however, whether intuition can meet metaphysical and hermeneutic expectations of such theories. T...
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| Format: | Article |
| Language: | English |
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Maria Curie-Sklodowska University
2018-04-01
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| Series: | Avant |
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| Online Access: | http://avant.edu.pl/wp-content/uploads/Dybowski-O-intuicji-w-analitycznych-teoriach-prawa.pdf |
| _version_ | 1797423948376309760 |
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| author | Maciej Dybowski |
| author_facet | Maciej Dybowski |
| author_sort | Maciej Dybowski |
| collection | DOAJ |
| description | Contemporary analytic theories of law attempt to provide hermeneutic answers to the metaphysical question about the nature of law with intuition playing a pivotal role in these attempts. It is doubtful, however, whether intuition can meet metaphysical and hermeneutic expectations of such theories. The article points out divergent ways of understanding intuition in analytic theories of law. Moreover, such theories face a dilemma of choosing between the „hard” ontology of law, to which intuition would have a privileged epistemic access, and „soft” ontology which entails multiple types of intuition. If collective consciousness, to which the intuitions that constitute the concept of law allegedly belong, is indeed the metaphysical foundation of contemporary analytic theories, they are hardly discernible from empiricism. A promising complementary approach to such a way of theorizing about law—where the vocabulary of intuitions is prioritized—can be provided by analytic pragmatism extending analysis to the practices in which words acquire their meanings. |
| first_indexed | 2024-03-09T07:55:11Z |
| format | Article |
| id | doaj.art-f2b35b8a39ee40ff91f889b4114d45fe |
| institution | Directory Open Access Journal |
| issn | 2082-7598 2082-6710 |
| language | English |
| last_indexed | 2024-03-09T07:55:11Z |
| publishDate | 2018-04-01 |
| publisher | Maria Curie-Sklodowska University |
| record_format | Article |
| series | Avant |
| spelling | doaj.art-f2b35b8a39ee40ff91f889b4114d45fe2023-12-03T01:15:00ZengMaria Curie-Sklodowska UniversityAvant2082-75982082-67102018-04-0191314510.26913/90102018.0103.0003About Intuition in Analytic Theories of LawMaciej Dybowski0Adam Mickiewicz UniversityContemporary analytic theories of law attempt to provide hermeneutic answers to the metaphysical question about the nature of law with intuition playing a pivotal role in these attempts. It is doubtful, however, whether intuition can meet metaphysical and hermeneutic expectations of such theories. The article points out divergent ways of understanding intuition in analytic theories of law. Moreover, such theories face a dilemma of choosing between the „hard” ontology of law, to which intuition would have a privileged epistemic access, and „soft” ontology which entails multiple types of intuition. If collective consciousness, to which the intuitions that constitute the concept of law allegedly belong, is indeed the metaphysical foundation of contemporary analytic theories, they are hardly discernible from empiricism. A promising complementary approach to such a way of theorizing about law—where the vocabulary of intuitions is prioritized—can be provided by analytic pragmatism extending analysis to the practices in which words acquire their meanings.http://avant.edu.pl/wp-content/uploads/Dybowski-O-intuicji-w-analitycznych-teoriach-prawa.pdfintuitionanalytic theory of lawmetaphysics of lawhermeneuticsanalytic pragmatism |
| spellingShingle | Maciej Dybowski About Intuition in Analytic Theories of Law Avant intuition analytic theory of law metaphysics of law hermeneutics analytic pragmatism |
| title | About Intuition in Analytic Theories of Law |
| title_full | About Intuition in Analytic Theories of Law |
| title_fullStr | About Intuition in Analytic Theories of Law |
| title_full_unstemmed | About Intuition in Analytic Theories of Law |
| title_short | About Intuition in Analytic Theories of Law |
| title_sort | about intuition in analytic theories of law |
| topic | intuition analytic theory of law metaphysics of law hermeneutics analytic pragmatism |
| url | http://avant.edu.pl/wp-content/uploads/Dybowski-O-intuicji-w-analitycznych-teoriach-prawa.pdf |
| work_keys_str_mv | AT maciejdybowski aboutintuitioninanalytictheoriesoflaw |