The Download of the Week is Metaphysical Questions About Law: A Practice-Based Approach by Brian Bix. Here is the abstract:
In this brief paper, prepared for an IVR Special Workshop on "Law and Metaphysics," I raise some questions and objections about the task of inquiring into metaphysical approaches to law. Part I introduces the topic through a reflection on the overlapping methodological approaches of Ludwig Wittgenstein and H. L. A. Hart, Part II briefly introduces, by contrast, the recent “metaphysical turn” in jurisprudence, while also considering the complications caused by the meanings of the English word, “law”; Part III offers some reflections on whether law exists and whether a (legal) norm exists; and Part IV evaluates some benefits to a return to an alternative focus on practices, before concluding.
The paper's objective is not to declare that law does not have a “nature” or that metaphysical and ontological investigations into law, legal systems, and legal norms are making some sort of “category mistake.” Nor is it suggesting that all such investigations be stopped. The ultimate point of this paper instead is simply to suggest that it would be (will be) more productive to direct our energies elsewhere. Theorizing should arise out of our practices, be justified by our practices, and, at least sometimes, offer guidance to actual practitioners.
Highly recommended.
