Dworkin and Phenomenology of the “Pre-Legal”?

Ratio Juris 25 (3):393-408 (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
Keywords Phenomenology  Philosophy of Law  Pre-Legal  Ronald Dworkin  Alfred Schütz
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DOI 10.1111/j.1467-9337.2012.00520.x
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References found in this work BETA
Law's Empire.R. DWORKIN - 1986 - Harvard University Press.
The Concept of Law.H. L. A. Hart - 1961 - Oxford University Press.
The Phenomenology of the Social World*[1932].Alfred Schutz - 2007 - In Craig J. Calhoun (ed.), Contemporary Sociological Theory. Blackwell. pp. 2--32.
Phenomenology of the Social World.Alfred Schutz - 1967 - Northwestern University Press.
The Structures of the Life-World.Alfred Schutz - 1973 - Northwestern University Press.

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