What is open texture in philosophy?
Open texture is a term in the philosophy of Friedrich Waismann, first introduced in his paper Verifiability to refer to the universal possibility of vagueness in empirical statements. It is an application of some of the ideas of posited by Ludwig Wittgenstein in Philosophical Investigations, particularly Section 80.
What is an open textured term?
‘Open texture’ is the property of concepts or terms that they are not fully defined with regard to unexpected questions. Even though it is a ubiquitous phenomenon, there is no consensus on which concepts are subject to open texture.
What is open texture of law?
Open Texture of Law and Hard Cases Law is a set of rules which governs and guides human conduct. Law is said to have an “Open texture”. By referring law to have an “Open texture”, it is meant that law is indeterminate and vague. There can be many interpretations of a law depending upon various factors.
What is open texture Hart?
H. L. A. Hart and the “Open Texture” of Language. the writings of both Hart and Friedrich Waismann on “open. Waismann’s work, “open texture” referred to the potential vag. under extreme (hypothetical) circumstances.
What does Hart mean when he speaks of the open texture of language?
What is the penumbra Hart?
Hart argued that with all general rules, there will be a ‘core of certainty’, central cases where the application is clear, and a ‘penumbra of doubt’, where the application of the rule is uncertain. At this margin of uncertainty Hart concluded that judges inevitably must use their discretion to make new law, on the …
What is the open texture of law Hart?
The open texture of law means that there are, indeed, areas of conduct where much must be left to be developed by courts or officials striking a balance, in the light of circumstances, between competing interests which vary in weight from case to case. Herbert Hart, The Concept of Law.
What is the Hart Devlin debate?
The Hart-Devlin debate was an attempt to contribute to the findings of the Wolfenden committee. The debate was between Professor Hart and Patrick Devlin. The argument was that homosexuality should be made legal because of the freedom of choice and the privacy of morality.
What is penumbra of uncertainty?
Penumbra of uncertainty is described as a situation where a judge finds himself in the penumbral area of the law, i. where there is no settled law on a particular subject matter.
Is Devlin a legal moralist?
Devlin’s philosophy of legal moralism takes an idealist’s approach to role of law in society. Devlin’s philosophy of law argued that the collective judgment of a society should guide enforcement of laws against both private and public behavior that was deemed immoral.
What does Devlin mean by public morality?
Devlin adds that: “Morality is a sphere in which there is a public interest and a private interest, often in. conflict, and the problem is to reconcile the two”. He believes that “most people would agree. upon the chief of these elastic principles.