Questions in Legal Interpretation

Abstract

Abstract Philosophers in a variety of fields have recently put forward theories in which practice has a significant role within the analysis. Most of these theories, to a greater or lesser extent, are inspired by Wittgenstein’s later writings. The tum to practice-based theories has occurred, if unevenly, in jurisprudence as well. The first part of this paper considers some of H. L. A. Hart’s early work, aspects of which may be better understood if seen as an early attempt at a practice-based approach to law. In passing, possible connections and parallels between that work and Wittgenstein’s writings will be considered. The second part of the paper analyses questions about legislative intention and Ronald Dworkin’s interpretative theory from the point of view of a practice-based approach.