Dworkin and Phenomenology of the “Pre-Legal”?

Ratio Juris 25 (3):393-408 (2012)
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
Keywords Phenomenology  Philosophy of Law  Pre-Legal  Ronald Dworkin  Alfred Schütz
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References found in this work BETA
Alfred Schutz (1982). Collected Papers. Distributor for the U.S. And Canada Kluwer Boston.
Alfred Schutz (1973). The Structures of the Life-World. Evanston [Ill.]Northwestern University Press.
Dale Smith (2007). Dworkin's Theory of Law. Philosophy Compass 2 (2):267–275.
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