Rule-Following in Legal and Political Thought

Law, Jurisprudence, and Social Thought 253 - Amherst College

Legal theory and Wittgenstein's so-called "rule-following considerations."  What does it mean to follow a rule?  Can we understand rule-following in purely behavioral terms?  Or must we make reference to mental states or intentions?  What sets the standard for correctness in applying rules to particular instances?  Or in deliberating and acting in the light of a rule?  The role of rules and principles in deliberation as well as the scope of interpretation in legal theory.  "Moral particularism" and "legal indeterminacy."  Application of Wittgensteinian reflections to contemporary jurisprudence. 

• Fall 2011

2011 Syllabus, here.